HomeMy WebLinkAbout2017-12-11 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,December 11, 2017
City Hall, Council Chambers
Meeting No.23-17
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Mayor’s Address on Protocol:
“Welcome to the meeting of the Maplewood City Council. It is our desire to keep
all discussions civil as we work through difficult issues tonight. If you are here for
a Public Hearing or to address the City Council, please familiarize yourself with
the Policies and Procedures and Rules of Civility, which are located near the
entrance. Sign in with the City Clerk before addressing the council. At the podium
pleasestate your name and address clearly for the record. All
comments/questions shall be posed to the Mayor and Council. The Mayor will
thendirect staff, as appropriate, to answer questions or respond to comments.”
D.APPROVAL OF AGENDA
E.APPROVAL OF MINUTES
1.Approval of the November 27, 2017 City Council Workshop Minutes
2.Approval of the November 27, 2017 City Council Meeting Minutes
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
2.Council Presentations
3.Approval of Resolution for Commission Reappointments
G.CONSENT AGENDA –Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
1.Approval of Claims
2.Approval of Agreement Between CareChoice Cooperative and the City of
Maplewood for a Community Paramedic Services Project
3.Approval of 2017 Transfers
4.Approval ofResolutionAcceptingDonationtoMaplewoodPoliceReserves fromthe
Ramsey County Sheriff’s Foundation
5.Approval of Resolution for 2018 Pay Rates for Temporary/Seasonal and Casual
Part-Time Employees
6.Approval to Donate iPads to Weaver School
7.Approval of Payment for Eden Systems Yearly Maintenance Support
8.Approval of Resolution for Reduction of Retainage on Existing Construction
Contract, County Road B Trail and Safety Improvements, City Project 14-02
9.Approval to Authorize Payment for Services Provided by Tierney, Inc for Council
ChamberUpdates
H.PUBLIC HEARINGS
1.Ecumen Multifamily Housing Development
a.Public Hearing 7:00 PM
b.Consider Approval of Resolution Authorizing the Issuance ofRevenue Bonds
for the Benefit of Ecumen; Adopting a HousingProgram; and Authorizing the
Execution and Delivery of theBonds and Related Documents
2.2018 Tax Levy and Budget
a.Public Hearing 7:00 PM
b.Consider Approval of Resolution Certifying Taxes Payable in 2018
c.Consider Approval of Resolution Adopting a 2018 Budget and Financial
Management Policies, and the CIP for 2018-2022
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Consider Approval of Resolution for 2018 Annual Liquor License Renewals for Club,
Off-Sale, On-Sale, and Wine
2.Consider Approval of Resolution Authorizing the Issuance, Sale, andDelivery of
Multifamily Housing Revenue Obligations to Finance theMaple Pond Apartments
Project
3.Repeal and Replace Public Rights-of-Way Ordinance
a.Consider Approval of an Ordinance Repealing All Provisions of Chapter 32,
Article I, Division 2 –Public Rights-of-Way and Replacing Them with New
Provisions and Subsequently Renumbering Sections of Chapter 32, Article II
b.Consider Approval of a Summary Ordinance Repealing All Provisions of
Chapter 32, Article I, Division 2 –Public Rights-of-Way and Replacing Them
with New Provisions and Subsequently Renumbering Sections of Chapter 32,
Article II (4 Votes)
K.AWARD OF BIDS
None
L.ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s
Office at 651.249.2000to make arrangements. Assisted Listening Devices are also available. Please
check with the City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings -elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when
appearing at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other councilmembers or citizens -unless specifically tasked by
your colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk
amongst each other.
Be respectful of the process, keeping order and decorum. Do not be critical of councilmembers,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
E1
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30 P.M. Monday, November 27, 2017
Council Chambers, City Hall
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at5:30 p.m. by Mayor Slawik.
B.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
Tou Xiong, Councilmember Present
C.APPROVAL OF AGENDA
CouncilmemberJuenemann moved to approve the agenda as submitted.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
D.UNFINISHED BUSINESS
None
E.NEW BUSINESS
1.Community Assemblies Project Review, David Schultz
City Manager Coleman introduced the Community Assemblies Project Review report.
Hamline University Political Science Professor David Schultz and MarianZibben addressed
the council to give the report and answer questions of the council.
2.Commission & Board Interviews
The following were interviewed for a commission position as indicated:
Denis Dupee, Housing & Economic Development Commission
Bruce Roman, Parks & Recreation Commission
Margaret Fett, Heritage Preservation Commission
Sandy Lewis, Heritage Preservation Commission
F.ADJOURNMENT
MayorSlawikadjourned the meetingat6:54 p.m.
November 27,2017
1
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 27, 2017
City Hall, Council Chambers
Meeting No. 22-17
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:06 p.m. by Mayor Slawik.
Councilmember Juenemann reported on the AT&T Store Grand Opening in Maplewood
on Wednesday, November 15, 2017.
City Manager Coleman and Councilmember Smith reported on the closing of the
Mancheski property located at 2494 Harvester Street on November 27, 2017.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Nora Slawik, MayorPresent
Marylee Abrams, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
Tou Xiong, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda under F2 Council Presentations:
Ramsey County Dispatch Policy
Rice/LarpenteurProject
Elf Jr. Production by Ashland Theater
CouncilmemberXiong moved to approve the agenda as amended.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of the November 13, 2017 City Council Workshop Minutes
CouncilmemberAbrams moved to approve the November 13, 2017City Council
Workshop Minutesas submitted.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
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2.Approval of the November 13, 2017 City Council Meeting Minutes
Councilmember Abrams noted that the name of the councilmember that seconded item
J3a needs to be added to the minutes.
CouncilmemberJuenemann moved to approve the November 13, 2017City Council
Meeting Minutesas amended.
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager Coleman gave the update to the council calendar and uncompleted tasks
requested by the council.
City Manager Coleman further reported on the resident survey that will be conducted in
late January/early February.
2.Council Presentations
Ramsey County Dispatch Policy
Councilmember Juenemannreported on the Ramsey County Dispatch Policy Committee
meeting she attended last week.
Rice/Larpenteur Corridor Project
Councilmember Juenemannreported on a notification that was received from the
Rice/Larpenteur Corridor Project consultant regarding a joint meeting of the Policy
Committee and the Citizens Committee.
Elf Jr. Production by Ashland Theater
Councilmember Abramsreported on the Elf Jr. Production that was put on by Ashland
Theater at the Maplewood Community Center.
Shop, Ship and Share
Mayor Slawik reported on Shop, Ship & Share event that will be held at the Maplewood
Mall onDecember 2 and 3.
3.Presentation ofthe Certificate of Achievement for Excellence in Financial
Reporting by GFOA State Representative Sue Virnig
Finance Director Paulseth introduced the staff report. Sue Virnig,State Representative
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for the Government Finance & Officers Association and representing the National GFOA
gave additional information about the award andpresented the award to Finance
Director Paulseth and Assistant Finance Director Rueb.
4.Approval of Commissioner Appointments
City Manager Coleman reported on the commissioner appointments.
CouncilmemberJuenemann moved to approve the resolution to appoint the candidates
to the commissions indicated.
Resolution 17-11-1515
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby appoints the following individuals, who have interviewed with the Maplewood
City Council, to serve on the following commissions:
Housing & Economic Development Commission(one opening)
Denis Dupee term expires September 30, 2020
Parks & Recreation Commission(one opening)
Bruce Roman term expires September 30, 2018
Heritage Preservation Commission(one opening)
Margaret Fett term expires April 30, 2019
Seconded by Councilmember AbramsAyes – All
The motion passed.
5.Copyright Received for 60 Stories of Maplewood History
City Manager Coleman introduced the staff report. Bob Jensen, President of the
Maplewood Area Historical Society addressed the council and spoke about the copyright
received for 60 Storiesof Maplewood Historybook.
G.CONSENT AGENDA
Councilmember Juenemann hada question for agenda items G3and G7.
Councilmember Abrams requested agenda item G10 behighlighted.
CouncilmemberJuenemann moved to approve agendaitem G1-11.
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
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1.Approval of Claims
CouncilmemberJuenemann moved toapprove the Approval of Claims.
ACCOUNTS PAYABLE:
$ 147,705.98 Checks # 100637 thru #100669
dated 11/14/17
$ 476,027.59 Disbursements via debits to checking account
dated 11/06/17 thru 11/10/17
$ 240,653.86 Checks #100670 thru #100722
dated 11/21/17
$ 286,709.88 Disbursements via debits to checking account
dated 11/14/17 thru 11/17/17
$ 1,151,097.31 Total Accounts Payable
PAYROLL
$ 519,943.17 Payroll Checks and Direct Deposits dated 11/17/17
$ 2,544.05 Payroll Deduction check # 99102940 thru # 99102944 dated 11/17/17
$ 522,487.22 Total Payroll
$ 1,673,584.53 GRAND TOTAL
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
2.Approval of Conditional Use Permit Resolution, Residential Accessory
Building, 1788 Kennard Street
CouncilmemberJuenemann moved to approve the conditional use permit resolution to
for an increase in the residential detached garage at 1788 Kennard Street to 1,540
square feet; this approval shall be subject to the following conditions:
1. All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4.The applicant must obtain a grading and building permit for the garage addition.
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5.The use of the proposed garage shall be limited to the applicant’s residential needs
and home occupation storage.
Resolution17-11-1516
Conditional Use Permit
WHEREAS, Mr. George Stephenson, the property owner, applied for a
conditional use permit (CUP) to construct a 440 square foot addition to his existing
detached garage, for an overall detached garage size of 1,540 square feet.
WHEREAS, this permit applies to property at 1788 Kennard Street.
WHEREAS, the legal description of the property is:
Ex N 80 Ft Lot 37 and Ex S 62 5/1o Ft Lot 36 Blk 2 Garden Acres (PIN 15-29-22-
44-0082)
WHEREAS, the history of this conditional use permit is as follows:
On November 21, 2017, the planning commission held a public hearing. The
city staff published a notice in the paper and sent notices to the surrounding property
owners. The planning commission gave persons at the hearing a chance to speak and
present written statements. The commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city
council approve the conditional use permit.
On November 27, 2017, the city council discussed the proposed conditional use
permit. They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVEDthat the city council approved the
above-described conditional use permit, because:
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5.The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
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6.The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools
and parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4.The applicant must obtain a grading and building permit for the garage addition.
5.The use of the proposed garage shall be limited to the applicant’s residential needs
and home occupation storage.
Seconded by Councilmember AbramsAyes – All
The motion passed.
3.Approval of a Conditional Use Permit Review, Used-Car Sales at Maplewood
Office Park, 1705 Cope Avenue
Councilmember Juenemann moved to approve the Conditional Use Permit Review for
used auto sales at 1705 Cope Avenueand review the project again in one year.
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
4.Approval of a Conditional Use Permit Review, Maplewood Alzheimer’s
Special Care Center, 1700 Beam Avenue
CouncilmemberJuenemann moved to approve the Conditional Use Permit Review for
Maplewood Alzheimer’s Special Care Center and review the project again in one year.
Seconded by CouncilmemberAbramsAyes – All
The motion passed.
5.Approval of a Conditional Use Permit Review, Maplewood Auto Mall, 2529
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White Bear Avenue
CouncilmemberJuenemann moved to approve the Conditional Use Permit Review at
Maplewood Auto Mall, 2529 White Bear Avenue and review again only if a problem
arises or a major change is proposed.
Seconded by Councilmember AbramsAyes – All
The motion passed.
6.Approval of a Conditional Use Permit Review, Metro Heating and Cooling,
2303 Atlantic Street
Councilmember Juenemann moved to the Conditional Use Permit Review for Metro
Heating and Cooling and review the project again in one year.
Seconded by Councilmember AbramsAyes – All
The motion passed.
7.Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center,
3000 White Bear Avenue
Councilmember Juenemann moved to approve the Conditional Use Permit Review for
Plaza 3000 Shopping Centerand review the project againin one year.
Seconded by Councilmember AbramsAyes – All
The motion passed.
8.Approval of a Massage Center License, TCM Special Treatment Center, 1690
McKnight Road N, Suite E
Councilmember Juenemann moved to approve the issuance of a Massage Center
license for TCM Special Treatment Center at 1690 McKnight Road N, Suite E,
contingent upon satisfactory results of final inspections from the City’s fire department.
Seconded by Councilmember AbramsAyes – All
The motion passed.
9.Approval of a Temporary Lawful Gambling – Local Permit, Hill Murray
School, 2625 Larpenteur Avenue E
CouncilmemberJuenemann moved to approve the temporary Lawful Gambling – Local
permit for Hill Murray School’s auction located at 2625 Larpenteur Avenue East on April
28, 2018.
Seconded by Councilmember AbramsAyes – All
The motion passed.
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10.City Hall Chiller Replacement, City Project 16-08
a.Approval of Resolution Directing the Modification of Existing
Construction Contract, Change Order No. 1
b.Approval of Resolution Directing Final Payment and Acceptance of
Project
Councilmember Juenemann moved to approve the resolution Directing the Modification
of the Existing Construction Contract, Change Order No. 1, City Project 16-08.
Resolution 17-11-1517
Directing Modification of Existing Construction Contract,
Project 16-08, Change Order No. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the City Hall Chiller Replacement, City Project 16-08, and has let a construction contract,
and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as City Hall Chiller Replacement, City Project 16-08, Change Order No. 1.
WHEREAS, the City Engineer for the City of Maplewood has determined that the
City Hall Chiller Replacement, City Project 16-08, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1.The City Manager is hereby authorized and directed to modify the existing
contract by executing said Change Order No. 1 which is an increase of
$4,799.00.
The revised contract amount is $329,599.00
Seconded by Councilmember AbramsAyes – All
The motion passed.
Councilmember Juenemann moved to approve the resolution Approving Final Payment
andAcceptance of City Hall Chiller Replacement, City Project 16-08.
Resolution17-11-1518
Directing Final Payment and Acceptance of Project,
City Hall Chiller Replacement, City Project 16-08
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the City Hall Chiller Replacement, City Project 16-08, and has let a construction contract,
and
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WHEREAS, the City Engineer for the City of Maplewood has determined that the
City Hall Chiller Replacement, City Project 16-08, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
City Project 16-08 is complete and maintenance of the project improvement is
accepted by the City; the final construction cost is $329,599.00. Final payment to
Cool Air Mechanical and the release of any retainage or escrow is hereby
authorized.
Seconded by Councilmember AbramsAyes – All
The motion passed.
11.Approval of 2017 Audit Engagement Agreement with Bergan KDV
CouncilmemberJuenemann moved to approve the engagement agreement with Bergan
KDV for auditing services for the year ended December 31, 2017, in the amount of
$40,250.
Seconded by Councilmember AbramsAyes – All
The motion passed.
H.PUBLIC HEARINGS
1.EZ Cash Maplewood Currency Exchange License Renewal
a.Public Hearingat7:00 p.m.
b.Consider Approval of Currency Exchange License Renewal for EZ
Cash Maplewood LLC, 3035 White Bear Avenue N
City Clerk Sindt gave the staff report.
Mayor Slawik opened the public hearing. The following people spoke:None
Mayor Slawik closed the public hearing.
Councilmember Juenemann moved to approve the renewal of a Currency Exchange
license renewal for EZ Cash Maplewood, LLC at 3035 White Bear Avenue N.
Seconded by Councilmember AbramsAyes – All
The motion passed.
I.UNFINISHED BUSINESS
None
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J.NEW BUSINESS
1.2018 Budget Overview
Finance Director Paulseth gave the presentation on the 2018 Budget.
2.2018 Financial Policies Overview
Finance Director Paulseth gave the presentation on the 2018 Financial Policies.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Slawikadjourned the meeting at8:20p.m.
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F1a
MEMORANDUM
TO:City Council
FROM:Melinda Coleman, City Manager
DATE:December 5, 2017
SUBJECT:Council Calendar Update
Introduction/Background
This item is informational and intended to provide the Council an indication on the current
planning for upcoming agenda items and the Work Session schedule. These are not official
announcementsof the meetings, but a snapshot look at the upcoming meetings for theCity
Council to plan their calendars. No action is required.
Upcoming Agenda Items & WorkSession Schedule
th
1.December 25
a.Council Meeting:Cancelled
th
2.January 8
a.Workshop:2040 Comprehensive Plan Update, Wakefield Park Plan Update
b.Council Meeting:Annual City Council Appointments to Boards, Commissions &
Groups
th
3.January 11
a.State of the City Event
nd
4.January 22
a.Council Meeting:Report from Fitch & Associates on Fire/EMS Service and
Staffing
Council Comments
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1.Resultsof Tobacco Survey- completed
2.Rental Licensing Survey (EEDD/Police Coordination) – in progress
3.Report on City Comparables for School Resource Officer (costs and staffing levels) –
Report will be distributedon 11/27/17
4.Review of Tiny Houses – See FYI 10/6/17
5.Hillcrest Golf Course Status – See FYI 10/6/17
6.Mancheski Property Status – See FYI 10/6/17
7.Camping Trailers Occupancy Issue – See FYI 10/13/17
Recommendation
No action required.
Attachments
None.
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F3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Lois Knutson,Administrative Services & Performance Measurement Coordinator
DATE:December 5, 2017
SUBJECT:Approval of Resolution forCommission Reappointments
Introduction
The City Council willreview the list of commissioners whose terms will expireon December 31,
2017. The commissioners wereasked to fill out an assessment to evaluate their time on the
commission and to provide input to the council.Those commissioners approved for
reappointment will serve a three year term, ending on December 31, 2020.
Background
There are fourcommissioners whose terms will expire on December 31, 2017.All fourof them
are seeking reappointment as reflected below:
PlanningCommission
Paul Arbuckle,member since 5/14/2012
Attendance: 2015:6 /8 2016: 8 /9 2017:8 /8
Fred Dahm,member since 4/27/2015
Attendance: 2015: 5 / 62016: 7 / 92017: 8 / 8
John Donofrio,member since 2/11/2013
Attendance: 2015: 7 / 82016: 9 / 92017: 7 / 8
Police Civil ServiceCommission
James Meehan,member since 2/28/2011
Attendance: 2015: 4 / 42016: 3 / 32017: 6 / 6
Budget Impact
None.
Recommendation
Staff recommends that the Council approvethe attached resolution for reappointments.
Attachments
1.Resolution for Reappointments
2.Reappointment Assessments
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F3, Attachment 1
RESOLUTION
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be
reappointed to the following commissions:
Planning Commission
Paul Arbuckle,term expires on 12/31/2020
Fred Dahm,term expires on 12/31/2020
John Donofrio,term expires on 12/31/2020
Police Civil Service Commission
James Meehan,term expires on 12/31/2020
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F3, Attachment 2
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F3, Attachment 2
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F3, Attachment 2
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F3, Attachment 2
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F3, Attachment 2
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F3, Attachment 2
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G1
MEMORANDUM
Melinda Coleman, City Manager
TO:
Ellen Paulseth, Finance Director
FROM:
December 4, 2017
DATE:
Approval of Claims
SUBJECT:
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and
authorized payment in accordance with City Council approved policies.
ACCOUNTS PAYABLE:
$647,217.73Checks # 100723 thru #100752
dated 11/21/17 thru 11/28/17
$497,897.98Disbursements via debits to checking account
dated 11/20/17 thru 11/24/17
$95,018.07Checks #100753 thru #100779
dated 11/27/17 thru 12/05/17
$300,184.38Disbursements via debits to checking account
dated 11/27/17 thru 12/01/17
$1,540,318.16Total Accounts Payable
PAYROLL
$558,836.63Payroll Checks and Direct Deposits dated 12/01/17
$1,956.40Payroll Deduction check # 99102965 thru # 99102965
dated 12/01/17
$560,793.03Total Payroll
$2,101,111.19GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions
on the attached listing. This will allow me to check the supporting documentation on file if necessary.
Attachments
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G1, Attachments
Check Register
City of Maplewood
11/27/2017
CheckDateVendorDescriptionAmount
10072311/21/201700394DEPT OF MOTOR VEHICLETABS - CHIEF'S CAR #30111.00
10072411/27/201702137KENNEDY & GRAVEN CHARTEREDLAND PURCHASE171.25
10072511/28/201702324APPLIED ECOLOGICAL SERVICESPRAIRIE FARM RESTORATION CPL GRANT1,885.27
10072611/28/201702728KIMLEY-HORN & ASSOCIATES INCWAKEFIELD PARK IMPROVE-NEW BLDG15,544.33
11/28/2017METROPOLITAN COUNCIL
10072700985WASTEWATER - DECEMBER262,873.85
11/28/2017NATURAL RESOURCES RESTOR INC
10072801149BUCKTHORN/TREE REMOVAL-WAKEFIELD3,740.00
11/28/2017RAMSEY COUNTY-PROP REC & REV
10072901337911 DISPATCH SERVICES - OCTOBER30,993.07
11/28/2017RAMSEY COUNTY-PROP REC & REV
01337CAD SERVICES - OCTOBER6,099.63
11/28/2017RAMSEY COUNTY-PROP REC & REV
01337FLEET SUPPORT FEES - OCTOBER549.12
11/28/2017RAMSEY COUNTY-PROP REC & REV
01337FLEET SUPPORT FEES - OCTOBER268.32
11/28/2017S E H
10073001409PROJ 17-01 MUNICIPAL BLDG IMPROV13,989.05
11/28/2017S E H
01409GENERAL TRANSPORTATION SERVICES1,335.80
11/28/2017S E H
01409PROJ 17-02 NATURE CTR IMPROVEMENTS110.00
11/28/2017SUN LIFE FINANCIAL
10073105488PREMIUM - LIFE,LTD,STD - DECEMBER7,829.14
11/28/2017TENNIS SANITATION LLC
10073204845RECYCLING FEE - OCTOBER42,831.25
11/28/2017AVESIS
10073304848MONTHLY PREMIUM - DECEMBER330.52
11/28/2017COMMERCIAL FURNITURE SERVICES
10073403874OFFICE FURNITURE3,091.77
11/28/2017DONALD SALVERDA & ASSOCIATES
10073500412BOOKS LEADERSHIP GROUP J RUEB31.94
11/28/2017FLAGSHIP RECREATION
10073605344INSTALL EQUIP FOR GOODRICH PARK51,981.43
11/28/2017FLAGSHIP RECREATION
05344INSTALL EQUIP FOR GOODRICH PARK46.50
11/28/2017GARY CARLSON EQUIPMENT
100737043374'X8' VERSAMATS & SHEETING RENTAL1,777.02
11/28/2017MN DEPT OF LABOR & INDUSTRY
10073800393ELEVATOR 02365 OPERATING PERMIT100.00
11/28/2017LANGUAGE LINE SERVICES
10073900846PD PHONE-BASED INTERPRETIVE SRVS146.70
11/28/2017MCFOA
10074004310MEMBERSHIP FEES - D SCHMIDT40.00
11/28/2017MEDICA
10074103818MONTHLY PREMIUM - DECEMBER179,681.88
11/28/2017MINNESOTA BENEFIT ASSOCIATION
10074205838POLICY#1545249740 - DECEMBER180.84
11/28/2017NIENOW CULTURAL CONSULTANTS
10074305788GLADSTONE SAVANNA TEXT & PHOTOS300.00
11/28/2017CITY OF NORTH ST PAUL
10074401175MONTHLY UTILITIES - OCTOBER3,402.21
11/28/2017CITY OF NORTH ST PAUL
01175FIBER OPTIC ACCESS CHG - NOVEMBER1,000.00
11/28/2017NORTH SUBURBAN ACCESS CORP
10074505356WEBSTREAMING SRVS - OCT1,087.68
11/28/2017NORTH SUBURBAN ACCESS CORP
05356VIDEOGRAPHER SRVS - OCT961.40
11/28/2017NORTH SUBURBAN ACCESS CORP
05356TECHNICAL SUPPORT50.00
11/28/2017NORTHERN TECHNOLOGIES, LLC
10074604507PROJ 16-12 PROF SRVS 10/1 - 10/282,053.75
11/28/2017OUTDOOR LAB LANDSCAPE DESIGN
10074705609BOULEVARD MAINTENANCE~1,370.00
11/28/2017OUTDOOR LAB LANDSCAPE DESIGN
05609BOULEVARD MAINTENANCE~930.00
11/28/2017RAMSEY COUNTY
10074801345PROPERTY TAX PIN 16.29.22.42.01121,609.20
11/28/201701345RAMSEY COUNTYPROPERTY TAX PIN 16.29.22.14.0082395.28
10074911/28/201701836ST PAUL, CITY OFST LIGHT REPAIR-FROST & TONJESS1,650.00
11/28/201701836ST PAUL, CITY OFLIGHT REPAIR-CENTURY & UPPER AFTON1,630.50
11/28/2017ST PAUL, CITY OF
01836LIGHT REPAIR-CENTURY & UPPER AFTON241.92
11/28/2017ST PAUL, CITY OF
01836ST LIGHT REPAIR-FROST & TONJESS198.11
11/28/2017TWIN CITIES TRANSPORT &
10075001669FORFEITED VEHICLE TOWING390.00
11/28/2017TWIN CITIES TRANSPORT &
01669TOWING OF VEHICLES100.00
11/28/2017TWIN CITIES TRANSPORT &
01669FORFEITED VEHICLE TOWING100.00
11/28/2017TWIN CITIES TRANSPORT &
01669FORFEITED VEHICLE TOWING70.00
11/28/2017W W GOETSCH ASSOCIATES, INC.
10075101730IMPELLERS/WEAR RINGS STATION 213,958.00
11/28/2017TERRI WOLD
10075205705JANITORIAL SERVICES - OCTOBER80.00
647,217.73
30Checks in this report.
Packet Page Number 22 of 246
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
11/20/2017MN State TreasurerDrivers License/Deputy Registrar41,640.12
11/20/2017MN Dept of RevenueFuel Tax313.79
11/20/2017U.S. TreasurerFederal Payroll Tax98,725.32
11/20/2017P.E.R.A.P.E.R.A.104,244.28
11/20/2017Empower - State PlanDeferred Compensation29,436.00
11/20/2017Labor UnionsUnion Dues4,192.30
11/20/2017MidAmerica - INGHRA Flex plan14,268.77
11/20/2017MN State TreasurerState Payroll Tax21,023.33
11/21/2017MN State TreasurerDrivers License/Deputy Registrar38,630.01
11/22/2017MN State TreasurerDrivers License/Deputy Registrar62,358.64
11/22/2017Delta DentalDental Premium1,669.36
11/24/2017MN State TreasurerDrivers License/Deputy Registrar81,043.55
11/24/2017Optum HealthDCRP & Flex plan payments352.51
497,897.98
Packet Page Number 23 of 246
G1, Attachments
Check Register
City of Maplewood
11/30/2017
CheckDateVendorDescriptionAmount
10075311/27/201705793GILBERT MANCHESKIADD'L EARNEST MONEY-2494 HARVESTER 2,500.00
10075412/05/201702149HEIDI CAREYGRAPHIC DESIGN SERVICES - NOV4,000.00
10075512/05/201704878GEAR WASH, LLCCLEANING OF TURNOUT GEAR419.48
10075612/05/201702728KIMLEY-HORN & ASSOCIATES INC2040 COMPREHENSIVE PLAN UPDATE23,200.71
12/05/201702728KIMLEY-HORN & ASSOCIATES INCPROJ 16-28 GENERAL CONSULTING SRVS4,693.15
12/05/201702728KIMLEY-HORN & ASSOCIATES INCPROJ 16-31 PONDS OF BATTLE CREEK384.26
10075712/05/201704316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - OCTOBER716.40
10075812/05/201702696MUSKA ELECTRIC COREPLACEMENT OF LIGHTING - MCC1,331.47
10075912/05/201701149NATURAL RESOURCES RESTOR INCBUCKTHORN/TREE REMOVAL-CITY HALL6,620.00
10076012/05/201701546SUBURBAN SPORTSWEART-SHIRTS FOR BASKETBALL CLINIC312.50
10076112/05/201701190XCEL ENERGYELECTRIC UTILITY14,816.01
12/05/201701190XCEL ENERGYELECTRIC & GAS UTILITY8,331.88
12/05/201701190XCEL ENERGYELECTRIC UTILITY1,014.54
12/05/201701190XCEL ENERGYELECTRIC UTILITY889.51
12/05/201701190XCEL ENERGYGAS UTILITY548.33
12/05/201701190XCEL ENERGYELECTRIC UTILITY176.81
12/05/201701190XCEL ENERGYGAS UTILITY108.25
12/05/201701190XCEL ENERGYELECTRIC UTILITY50.42
12/05/201701190XCEL ENERGYELECTRIC UTILITY14.25
12/05/201701190XCEL ENERGYELECTRIC UTILITY13.92
12/05/201701190XCEL ENERGYELECTRIC UTILITY13.36
10076212/05/201700043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - PUBLIC WORKS168.54
12/05/201700043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - CITY HALL90.10
12/05/201700043ADAM'S PEST CONTROL INCQUARTERLY SRVS - PARK/REC GARAGE54.06
10076312/05/201705369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM94.97
12/05/201705369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM94.97
10076412/05/201705786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-NOV302.06
10076512/05/201700003ESCROW REFUNDESCORW MW PARTNERS-3070 WBA N6,028.79
10076612/05/201700003ESCROW REFUNDESCROW REL CKC -2301 MCKNIGHT RD N360.00
10076712/05/201703330HOISINGTON KOEGLER GROUP INCCOMPREHENSIVE PLAN SRVS - OCT14,768.43
10076812/05/201702137KENNEDY & GRAVEN CHARTEREDATTORNEY FEES-CABLE MATTERS-OCT455.00
10076912/05/201700857LEAGUE OF MINNESOTA CITIESMAMA LUNCHEON - M COLEMAN30.00
10077012/05/201701126NCPERS MINNESOTAMONTHLY PREMIUM - DECEMBER448.00
10077112/05/201705804NM CLEAN 1, LLCVEHICLE WASHES - OCTOBER55.90
10077212/05/201700001ONE TIME VENDORCITY VIEW ELECT-3090 MAPLEWOOD DR97.00
10077312/05/201700001ONE TIME VENDORP BOULAY - RCHS MEMBERSHIP DUES50.00
10077412/05/201700001ONE TIME VENDORREFUND RONGSTAD-MUSIC IN THE BARN14.00
10077512/05/201701338RAMSEY COUNTY-VITAL RECORDSNOTARY REGISTRATION - PW20.00
10077612/05/201701418SAM'S CLUB DIRECTCONCESSIONS137.14
12/05/201701418SAM'S CLUB DIRECTFOOD EMPLOYEE TRAINING SESSION43.66
10077712/05/201701510ST PAUL PIONEER PRESSPIONEER PRESS FOR 52/WK 1902 BLDG421.95
10077812/05/201701836ST PAUL, CITY OFRADIO MAINT & SRVS - OCTOBER442.00
10077912/05/201705842MIKE TURNBULLFIRE MARSHAL SERVICES 09/11 - 09/25686.25
95,018.07
27Checks in this report.
Packet Page Number 24 of 246
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
11/27/2017MN Dept of Natural ResourcesDNR electronic licenses448.50
11/28/2017MN State TreasurerDrivers License/Deputy Registrar61,131.07
11/29/2017MN State TreasurerDrivers License/Deputy Registrar63,726.16
11/29/2017Delta DentalDental Premium1,925.60
11/30/2017MN State TreasurerDrivers License/Deputy Registrar74,539.58
12/1/2017Optum HealthDCRP & Flex plan payments412.00
12/1/2017MN State TreasurerDrivers License/Deputy Registrar31,664.98
12/1/2017MN Dept of Natural ResourcesDNR electronic licenses669.00
12/1/2017US Bank VISA One Card*Purchasing card items31,847.49
12/1/2017ICMA (Vantagepointe)Deferred Compensation4,374.00
12/1/2017MN State TreasurerState Payroll Tax29,446.00
300,184.38
*Detailed listing of VISA purchases is attached.
Packet Page Number 25 of 246
G1, Attachments
Transaction DatePosting DateMerchant NameTransaction AmountName
11/11/201711/13/2017MENARDS MAPLEWOOD MN$12.61JOSHUA ABRAHAM
11/15/201711/17/2017OFFICE DEPOT #1090$46.47REGAN BEGGS
11/15/201711/17/2017OFFICE DEPOT #1090$14.69REGAN BEGGS
11/22/201711/22/2017PITNEY BOWES PI$324.96REGAN BEGGS
11/15/201711/16/2017B&H PHOTO 800-606-6969$45.77CHAD BERGO
11/20/201711/21/20175.11 TACTICAL.COM ECOMM$139.58BRIAN BIERDEMAN
11/23/201711/24/20175.11 TACTICAL.COM ECOMM$187.89BRIAN BIERDEMAN
11/17/201711/20/2017PETCO 1652 63516520$40.66OAKLEY BIESANZ
11/20/201711/21/2017HENRIKSEN ACE HDWE$6.41TROY BRINK
11/09/201711/13/2017CARIBOU COFFEE CO #155$69.79DANIEL BUSACK
11/23/201711/24/2017CVS/PHARMACY #01751$16.06DANIEL BUSACK
11/13/201711/14/2017G&K SERVICES AR$472.47SCOTT CHRISTENSON
11/15/201711/16/2017STATE SUPPLY CO($300.78)SCOTT CHRISTENSON
11/16/201711/20/2017MENARDS OAKDALE MN$56.19SCOTT CHRISTENSON
11/16/201711/20/2017THE HOME DEPOT #2801$12.97SCOTT CHRISTENSON
11/19/201711/21/2017THE HOME DEPOT #2801$20.25SCOTT CHRISTENSON
11/20/201711/22/2017THE HOME DEPOT #2801$1.98SCOTT CHRISTENSON
11/14/201711/16/2017MENARDS MAPLEWOOD MN$23.37SHAWN CONWAY
11/17/201711/20/2017PAYPAL *GARDESYSTEM$143.99SHAWN CONWAY
11/17/201711/20/2017IN *ENCOMPASS TELEMATICS,$676.00KERRY CROTTY
11/14/201711/16/2017BOUND TREE MEDICAL LLC($305.64)PAUL E EVERSON
11/14/201711/16/2017BOUND TREE MEDICAL LLC$221.20PAUL E EVERSON
11/15/201711/17/2017BOUND TREE MEDICAL LLC$135.99PAUL E EVERSON
11/16/201711/20/2017BOUND TREE MEDICAL LLC$812.54PAUL E EVERSON
11/16/201711/20/2017BOUND TREE MEDICAL LLC$523.98PAUL E EVERSON
11/16/201711/20/2017SHOE DEPT ENCORE 1593$49.97PAUL E EVERSON
PAUL E EVERSON
11/21/201711/22/2017THE UPS STORE 2171$109.20
11/08/201711/13/2017ABM PARKING UNION DEPOT 8$4.00SHANN FINWALL
11/09/201711/13/2017ABM PARKING UNION DEPOT 8$8.00SHANN FINWALL
11/10/201711/13/2017HYATT PLACE ST. PAUL$10.00SHANN FINWALL
11/13/201711/14/2017G&K SERVICES AR$535.64CASSIE FISHER
11/10/201711/13/2017AT&T*BILL PAYMENT$33.25MYCHAL FOWLDS
11/15/201711/16/2017CITY OF MPLS RECEIVABLES$1,995.00MYCHAL FOWLDS
11/15/201711/16/2017ELECTRO WATCHMAN INC$147.50MYCHAL FOWLDS
11/15/201711/16/2017WEB*NETWORKSOLUTIONS$79.98MYCHAL FOWLDS
11/17/201711/17/2017COMCAST CABLE COMM$2.25MYCHAL FOWLDS
11/19/201711/20/2017AMAZON MKTPLACE PMTS$75.00MYCHAL FOWLDS
11/20/201711/21/2017AMAZON MKTPLACE PMTS$14.99MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$1,818.00MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$338.00MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$158.00MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$79.00MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$729.00MYCHAL FOWLDS
11/23/201711/24/2017APL*APPLE ONLINE STORE$159.00MYCHAL FOWLDS
11/23/201711/24/2017COMCAST CABLE COMM$140.95MYCHAL FOWLDS
11/10/201711/13/2017AMAZON MKTPLACE PMTS$17.96NICK FRANZEN
11/14/201711/15/2017COSTCO WHSE #1021$34.34NICK FRANZEN
11/15/201711/16/2017IDU*INSIGHT PUBLIC SEC$754.92NICK FRANZEN
11/22/201711/22/2017AMAZON MKTPLACE PMTS$15.99NICK FRANZEN
11/15/201711/16/2017INTERNATION$1,072.00MICHAEL FUNK
11/18/201711/20/2017AMAZON MKTPLACE PMTS$67.96ALEX GERONSIN
11/21/201711/24/2017CONTINENTAL SAFETY EQUIP$201.24MARK HAAG
11/13/201711/14/2017FASTENAL COMPANY01$68.02TAMARA HAYS
$13.96TAMARA HAYS
11/13/201711/14/2017A-1 LAUNDRY
11/15/201711/16/2017FASTENAL COMPANY01($68.02)TAMARA HAYS
11/15/201711/16/2017TRI-STATE BOBCAT$618.00TAMARA HAYS
11/17/201711/20/2017TRI-STATE BOBCAT$63.27TAMARA HAYS
Packet Page Number 26 of 246
G1, Attachments
11/22/201711/24/2017FRATTALLONES WOODBURY AC$158.90TAMARA HAYS
11/20/201711/21/2017KNOWLAN'S MARKET #2$22.36ANN HUTCHINSON
11/22/201711/24/2017BUILD-CHARGE.COM$51.37DAVID JAHN
11/20/201711/22/2017OFFICEMAX/OFFICE DEPOT616$47.92MEGHAN JANASZAK
11/21/201711/24/2017OFFICE DEPOT #1090$51.01MEGHAN JANASZAK
11/21/201711/22/2017CUB FOODS #1599$34.73KEVIN JOHNSON
11/13/201711/14/2017CHIPOTLE 0224$75.16LOIS KNUTSON
11/14/201711/15/2017CHIPOTLE ONLINE$29.74LOIS KNUTSON
11/15/201711/16/2017SHOPCORPORATEMARK.COM$48.98LOIS KNUTSON
11/21/201711/22/2017GTS EDUCATIONAL EVENTS$30.00LOIS KNUTSON
11/21/201711/22/2017WHITE BEAR AREA CHAMBE$255.00LOIS KNUTSON
11/14/201711/15/2017GRAFIX SHOPPE$1,480.80DAVID KVAM
11/23/201711/24/2017FIRST TACTICAL$47.94DAVID KVAM
11/13/201711/14/2017GREEN STUFF OUTDOOR SE$61.33CHING LO
11/13/201711/14/2017U OF M CONTLEARNING$365.00STEVE LOVE
11/09/201711/13/2017NM CLEAN 1$12.00STEVE LUKIN
11/16/201711/17/2017ASPEN MILLS INC.$103.60STEVE LUKIN
11/22/201711/24/2017U OF M CONTLEARNING$100.00MICHAEL MONDOR
11/10/201711/13/2017TRAFFICSAFETYWAREHOUSE$256.60BRYAN NAGEL
11/15/201711/16/2017TRI-STATE BOBCAT$39.90JOHN NAUGHTON
11/20/201711/21/2017HENRIKSEN ACE HDWE$12.47JOHN NAUGHTON
11/20/201711/21/2017WW GRAINGER$415.74ERICK OSWALD
11/09/201711/13/2017MINNESOTA GOVERNMENT FIN$15.00ELLEN PAULSETH
11/18/201711/20/2017SHORT STOP$10.14ROBERT PETERSON
11/10/201711/13/2017SAFELITE AUTOGLASS$39.95STEVEN PRIEM
11/13/201711/14/2017FACTORY MOTOR PARTS #19$6.34STEVEN PRIEM
11/13/201711/14/2017AUTO PLUS-LITTLE CANADA$67.95STEVEN PRIEM
STEVEN PRIEM
11/13/201711/15/2017AN FORD WHITE BEAR LAK$434.08
11/13/201711/15/2017AN FORD WHITE BEAR LAK$1,411.02STEVEN PRIEM
11/13/201711/16/2017H AND L MESABI COMPANY$1,155.00STEVEN PRIEM
11/14/201711/15/2017TOWMASTER$1,662.71STEVEN PRIEM
11/14/201711/15/2017AUTO PLUS-LITTLE CANADA$67.95STEVEN PRIEM
11/16/201711/17/2017FACTORY MOTOR PARTS #19$14.00STEVEN PRIEM
11/16/201711/17/2017WALSER POLAR CHEVROLET$26.03STEVEN PRIEM
11/16/201711/20/2017AN FORD WHITE BEAR LAK$169.51STEVEN PRIEM
11/17/201711/20/2017FASTENAL COMPANY01$30.49STEVEN PRIEM
11/17/201711/20/2017AN FORD WHITE BEAR LAK$64.64STEVEN PRIEM
11/17/201711/20/2017MILLS FLEET FARM 2700$44.30STEVEN PRIEM
11/20/201711/21/2017BAUER BUILT TIRE 94$122.01STEVEN PRIEM
11/20/201711/24/2017H AND L MESABI COMPANY$866.34STEVEN PRIEM
11/21/201711/22/2017ZARNOTH BRUSH WORKS INC$1,391.20STEVEN PRIEM
11/21/201711/22/2017AN FORD WHITE BEAR LAK$1,133.94STEVEN PRIEM
11/21/201711/24/2017AN FORD WHITE BEAR LAK$18.30STEVEN PRIEM
11/22/201711/24/2017DALCO ENTERPRISES$29.36KELLY PRINS
11/16/201711/17/2017CUB FOODS #1599$13.03AUDRA ROBBINS
11/16/201711/17/2017MICHAELS STORES 2744$12.28AUDRA ROBBINS
11/16/201711/20/2017HOBBY LOBBY #587$5.57AUDRA ROBBINS
11/09/201711/13/2017THE HOME DEPOT #2801$35.52ROBERT RUNNING
11/14/201711/15/2017ABLE HOSE$77.10ROBERT RUNNING
11/14/201711/16/2017MENARDS MAPLEWOOD MN$81.91ROBERT RUNNING
11/15/201711/17/2017MENARDS MAPLEWOOD MN$20.00ROBERT RUNNING
11/22/201711/24/2017LILLIE SUBURBAN NEWSPAPER$68.63DEB SCHMIDT
11/11/201711/13/2017CINTAS 60A SAP$109.95SCOTT SCHULTZ
11/11/201711/13/2017CINTAS 60A SAP$185.81SCOTT SCHULTZ
$735.37SCOTT SCHULTZ
11/14/201711/15/2017REPUBLIC SERVICES TRASH
11/09/201711/13/2017#4210 ORACLE / AT&T$10.40MICHAEL SHORTREED
11/09/201711/13/2017LITTLE VENETIAN$25.00MICHAEL SHORTREED
11/12/201711/13/2017FBI LEEDA INC$650.00MICHAEL SHORTREED
Packet Page Number 27 of 246
G1, Attachments
11/15/201711/16/2017FBI LEEDA INC$650.00MICHAEL SHORTREED
11/15/201711/17/2017#4210 ORACLE / AT&T$10.40MICHAEL SHORTREED
11/18/201711/20/2017U.S. DIARY$291.93MICHAEL SHORTREED
11/21/201711/21/2017GALLS$2,771.33MICHAEL SHORTREED
11/21/201711/24/2017KEEPRS$125.99MICHAEL SHORTREED
11/11/201711/13/2017THE HOME DEPOT #2801$10.63JOSEPH STEINER
11/15/201711/16/2017BED BATH & BEYOND #651$32.18KAREN WACHAL
11/15/201711/16/2017USPS PO 2683380009$49.00KAREN WACHAL
11/15/201711/17/2017OFFICE DEPOT #1090$38.79KAREN WACHAL
11/15/201711/16/2017MILLS FLEET FARM 2700$79.19JEFF WILBER
11/15/201711/17/2017SIRCHIE FINGER PRINT LABO$59.06TAMMY WYLIE
11/18/201711/20/2017ULINE *SHIP SUPPLIES$124.69TAMMY WYLIE
11/20/201711/21/2017DOLLAR TREE$4.30TAMMY WYLIE
11/20/201711/22/2017OFFICEMAX/OFFICE DEPOT616$83.18TAMMY WYLIE
11/21/201711/24/2017FITZCO INC$190.42TAMMY WYLIE
11/21/201711/24/2017OFFICE DEPOT #1090$69.25TAMMY WYLIE
$31,847.49
Packet Page Number 28 of 246
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
12/01/17ABRAMS, MARYLEE456.30
12/01/17JUENEMANN, KATHLEEN456.30
12/01/17SLAWIK, NORA518.43
12/01/17SMITH, BRYAN456.30
12/01/17XIONG, TOU456.30
12/01/17COLEMAN, MELINDA6,352.67
12/01/17FUNK, MICHAEL5,610.65
12/01/17KNUTSON, LOIS2,802.63
12/01/17CHRISTENSON, SCOTT2,821.54
12/01/17JAHN, DAVID2,368.74
12/01/17PRINS, KELLY2,311.17
12/01/17HERZOG, LINDSAY1,474.41
12/01/17RAMEAUX, THERESE3,466.14
12/01/17OSWALD, BRENDA2,322.44
12/01/17PAULSETH, ELLEN4,989.33
12/01/17ANDERSON, CAROLE1,320.75
12/01/17DEBILZAN, JUDY2,384.21
12/01/17RUEB, JOSEPH3,806.6126.59
12/01/17ARNOLD, AJLA2,110.83
12/01/17BEGGS, REGAN2,051.39
12/01/17EVANS, CHRISTINE2,132.99
12/01/17LARSON, MICHELLE2,132.99
12/01/17SCHMIDT, DEBORAH3,428.97
12/01/17SINDT, ANDREA3,136.56
12/01/17HANSON, MELISSA1,049.73
12/01/17KRAMER, PATRICIA1,579.16
12/01/17MOY, PAMELA2,123.75
12/01/17OSTER, ANDREA2,161.70
12/01/17RICHTER, CHARLENE1,812.95
12/01/17VITT, SANDRA2,051.40
12/01/17WEAVER, KRISTINE2,919.08
12/01/17CORCORAN, THERESA2,135.30
12/01/17HENDRICKS, JENNIFER1,719.20
12/01/17KVAM, DAVID4,756.86
12/01/17NADEAU, SCOTT5,468.36
12/01/17SHEA, STEPHANIE1,848.99
12/01/17SHORTREED, MICHAEL4,623.74
12/01/17WYLIE, TAMMY2,030.59
12/01/17ABEL, CLINT3,641.38
12/01/17ALDRIDGE, MARK3,945.20
12/01/17BAKKE, LONN3,488.96
12/01/17BARTZ, PAUL5,158.85
12/01/17BELDE, STANLEY3,488.96
12/01/17BENJAMIN, MARKESE3,577.29
12/01/17BERGERON, ASHLEY2,218.76
12/01/17BIERDEMAN, BRIAN4,768.24
12/01/17BURT-MCGREGOR, EMILY2,092.63
12/01/17BUSACK, DANIEL4,478.15
12/01/17CARNES, JOHN3,304.85
12/01/17CROTTY, KERRY4,357.60
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12/01/17DEMULLING, JOSEPH3,679.36
12/01/17DUGAS, MICHAEL5,757.67
12/01/17ERICKSON, VIRGINIA4,064.97
12/01/17FISHER, CASSANDRA2,158.59
12/01/17FORSYTHE, MARCUS3,095.79
12/01/17FRITZE, DEREK3,336.02
12/01/17GABRIEL, ANTHONY4,076.41
12/01/17HAWKINSON JR, TIMOTHY3,973.83
12/01/17HER, PHENG3,921.92
12/01/17HIEBERT, STEVEN3,488.96
12/01/17HOEMKE, MICHAEL3,079.34
12/01/17JOHNSON, KEVIN5,149.19
12/01/17KONG, TOMMY3,520.80
12/01/17KREKELER, NICHOLAS1,083.59
12/01/17KROLL, BRETT3,660.40
12/01/17LANDEROS CRUZ, JESSICA362.50
12/01/17LANGNER, SCOTT2,168.05
12/01/17LANGNER, TODD4,778.68260.00
12/01/17LENERTZ, NICHOLAS2,622.25
12/01/17LYNCH, KATHERINE3,418.88
12/01/17MARINO, JASON3,883.46
12/01/17MCCARTY, GLEN3,609.57
12/01/17METRY, ALESIA4,477.76
12/01/17MICHELETTI, BRIAN3,917.95
12/01/17MOE, AEH BEL116.00
12/01/17MULVIHILL, MARIA3,624.69
12/01/17MURRAY, RACHEL2,108.02
12/01/17NYE, MICHAEL4,213.01
12/01/17OLSON, JULIE3,459.48
12/01/17PARKER, JAMES3,452.63
12/01/17PETERSON, JARED2,875.93
12/01/17REZNY, BRADLEY4,397.36
12/01/17STARKEY, ROBERT2,863.04
12/01/17STEINER, JOSEPH4,624.20
12/01/17SYPNIEWSKI, WILLIAM3,898.12
12/01/17TAUZELL, BRIAN3,392.94
12/01/17THIENES, PAUL4,478.15
12/01/17VANG, PAM3,189.33
12/01/17WENZEL, JAY3,727.39
12/01/17XIONG, KAO3,566.50
12/01/17XIONG, TUOYER464.00
12/01/17ZAPPA, ANDREW2,974.90
12/01/17ANDERSON, BRIAN200.32
12/01/17BAHL, DAVID411.84
12/01/17BASSETT, BRENT241.06
12/01/17BAUMAN, ANDREW5,346.42
12/01/17BEITLER, NATHAN675.62
12/01/17BOURQUIN, RON543.30
12/01/17CAPISTRANT, JOHN316.80
12/01/17COREY, ROBERT390.44
12/01/17CRAWFORD - JR, RAYMOND4,785.21
12/01/17CRUMMY, CHARLES241.07
12/01/17DABRUZZI, THOMAS5,419.66836.30
12/01/17DAWSON, RICHARD5,209.15342.40
12/01/17EVERSON, PAUL5,424.11
12/01/17HAGEN, MICHAEL339.50
12/01/17HALE, JOSEPH411.84
12/01/17HALWEG, JODI4,894.20
12/01/17HAWTHORNE, ROCHELLE4,195.78
12/01/17HUTCHINSON, JAMES427.68
12/01/17IMM, TRACY583.96
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12/01/17JANSEN, CHAD353.11
12/01/17KANE, ROBERT776.16
12/01/17KARRAS, JAMIE865.78
12/01/17KERSKA, JOSEPH424.38
12/01/17KONDER, RONALD499.09
12/01/17KUBAT, ERIC4,177.98
12/01/17LANDER, CHARLES3,916.43
12/01/17LINDER, TIMOTHY5,573.53184.94
12/01/17LOCHEN, MICHAEL217.32
12/01/17MERKATORIS, BRETT488.91
12/01/17MONDOR, MICHAEL4,774.52
12/01/17MORGAN, JEFFERY553.56
12/01/17NEILY, STEVEN230.87
12/01/17NIELSEN, KENNETH221.76
12/01/17NOVAK, JEROME4,232.03
12/01/17NOWICKI, PAUL404.03
12/01/17OPHEIM, JOHN95.04
12/01/17PACHECO, ALPHONSE691.04
12/01/17PETERSON, ROBERT4,659.41
12/01/17POWERS, KENNETH4,481.26
12/01/17RANGEL, DERRICK81.48
12/01/17RODRIGUEZ, ROBERTO3,935.71
12/01/17SAUERWEIN, ADAM162.97
12/01/17SEDLACEK, JEFFREY4,258.02
12/01/17STREFF, MICHAEL4,970.0175.00
12/01/17SVENDSEN, RONALD5,463.42
12/01/17ZAPPA, ERIC3,464.94
12/01/17CONWAY, SHAWN3,917.72
12/01/17LO, CHING1,198.19
12/01/17LUKIN, STEVEN5,214.17
12/01/17CORTESI, LUANNE2,132.61
12/01/17JANASZAK, MEGHAN2,402.01
12/01/17BRINK, TROY2,674.79
12/01/17BUCKLEY, BRENT2,427.29
12/01/17DOUGLASS, TOM1,992.09
12/01/17EDGE, DOUGLAS2,913.24
12/01/17JONES, DONALD2,445.59
12/01/17MEISSNER, BRENT2,435.29
12/01/17NAGEL, BRYAN4,269.41
12/01/17OSWALD, ERICK2,687.1150.00
12/01/17RUIZ, RICARDO766.57
12/01/17RUNNING, ROBERT2,672.51
12/01/17TEVLIN, TODD2,453.59
12/01/17BURLINGAME, NATHAN3,114.92
12/01/17DUCHARME, JOHN3,077.51
12/01/17ENGSTROM, ANDREW3,098.09
12/01/17JAROSCH, JONATHAN3,851.65
12/01/17LINDBLOM, RANDAL3,077.51
12/01/17LOVE, STEVEN4,980.89
12/01/17ZIEMAN, SCOTT136.00
12/01/17HAMRE, MILES553.60
12/01/17HAYS, TAMARA2,207.29
12/01/17HINNENKAMP, GARY2,649.60
12/01/17NAUGHTON, JOHN2,429.60
12/01/17ORE, JORDAN2,207.29
12/01/17SAKRY, JASON1,915.29
12/01/17BIESANZ, OAKLEY2,296.77
12/01/17GERNES, CAROLE1,290.26
12/01/17HER, KONNIE267.75
12/01/17HUTCHINSON, ANN3,003.58
12/01/17WACHAL, KAREN1,014.55
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12/01/17WOLFE, KAYLA504.00
12/01/17GAYNOR, VIRGINIA3,672.64
12/01/17JOHNSON, ELIZABETH1,905.79
12/01/17KONEWKO, DUWAYNE5,547.80
12/01/17KROLL, LISA2,135.29
12/01/17VANG, XAO1,076.16
12/01/17ADADE, JANE1,399.43
12/01/17FINWALL, SHANN3,724.6167.41
12/01/17MARTIN, MICHAEL3,699.07
12/01/17BRASH, JASON3,573.52
12/01/17SWAN, DAVID3,130.89
12/01/17SWANSON, CHRIS2,264.19
12/01/17WEIDNER, JAMES2,560.99
12/01/17WELLENS, MOLLY1,945.27
12/01/17ABRAHAM, JOSHUA2,185.00
12/01/17BJORK, BRANDON252.00
12/01/17BRENEMAN, NEIL2,729.93
12/01/17FULLERTON, JADE120.00
12/01/17GORACKI, GERALD33.00
12/01/17KUCHENMEISTER, GINA1,850.40
12/01/17LATTIMORE, CHAQUANNA120.00
12/01/17NEUMANN, BRAD110.00
12/01/17PIEPER, THEODORE91.00
12/01/17ROBBINS, AUDRA3,856.01
12/01/17ROBBINS, CAMDEN337.50
12/01/17WITZMANN, CLAIRE90.00
12/01/17BERGO, CHAD3,721.73
12/01/17SCHMITZ, KEVIN2,058.10
12/01/17SHEERAN JR, JOSEPH3,482.66
12/01/17ADAMS, DAVID2,376.48
12/01/17HAAG, MARK3,153.45
12/01/17JENSEN, JOSEPH2,104.10
12/01/17SCHULTZ, SCOTT4,234.32
12/01/17WILBER, JEFFREY2,189.79
12/01/17WISTL, MOLLY232.00
12/01/17PRIEM, STEVEN2,731.10
12/01/17WOEHRLE, MATTHEW2,512.93
12/01/17XIONG, BOON2,107.73
12/01/17FOWLDS, MYCHAL4,524.35
12/01/17FRANZEN, NICHOLAS3,526.44
12/01/17GERONSIN, ALEXANDER2,830.30
12/01/17RENNER, MICHAEL2,817.40
9910295912/01/17CHRSTOPHER-ARCAND, IYANA30.00
9910296012/01/17ERICKSON, MOLLY105.00
9910296112/01/17KRUEGER, SCOTT47.25
9910296212/01/17SWIECH, CAITLYN135.00
9910296312/01/17SWIECH, TAYLOR135.00
9910296412/01/17WELCH, ADELINE180.00
558,836.63
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MEMORANDUM
TO: Melinda Coleman,City Manager
FROM: Michael Mondor, Chief of EMS
DATE: December 05, 2017
SUBJECT: Approval of Agreement between CareChoice Cooperative and the City of
Maplewood for a Community Paramedic Services Project
Introduction
The Fire/EMS Department has identified a partnership opportunity with CareChoice Cooperative
that will allow our Community Paramedics to participate in a pilot project that focuses on
reducing out-of-hospital risk for identified patients.
The pilot is proposed to begin in late December and will last through 2018. As part of the pilot,
Maplewood Fire/EMS Community Paramedics will complete medication reconciliations and
home safety assessments, while ensuring that the patient has appropriate access to follow-up
care.
The City will be paid $300 per patient enrolled in the pilot.
Background
framework included a focus on Community Risk
Reduction, reducing low-acuity EMS calls for service and evaluating partnerships.
The Fire/EMS Department has begun community paramedic efforts in 2017. The Fire/EMS
Department has had conversations with a number of potential partners with a goal of reducing
risk in the community while creating a sustainable, municipal-based community paramedic
program.
One of the challenges that exists in providing community paramedic services is the lack of
funding and reimbursement attached to providing the services. Entering into a pilot will allow the
Department to demonstrate performance outcomes and value of the services. If successful, the
data derived from the proposed pilot will demonstrate the value of community paramedics in the
out-of-hospital settings, which will create opportunities to explore additional funding sources to
enhance the program.
The Community Paramedics involved in this pilot will work with nursing home staff with a goal of
improving patient and resident care by decreasing unnecessary medications and adverse drug
events including falls, hospitalizations, impairment in cognition and function and other
associated side effects.
Budget Impact
The City will be paid $300 per patient enrolled in the pilot.
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Recommendation
It is recommended that the City Council approve and enter into the Agreement with CareChoice
Cooperative.
Attachments
1. Letter of Agreement Between CareChoice Cooperative (CC) and City of Maplewood.
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G3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: December 11, 2017
SUBJECT: Approval of 2017 Transfers
2017 Miscellaneous Transfers
The below listed routine transfers are a) reflected in the 2017 budget, b) are related to debt service
and capital projects activities, c) and/or are accounting transfers to set up new funds or close old
funds. These transfers represent funds that were committed in previous budgets. Approval is
requested for transfers to be effective upon adoption.
Budget Impact
None. Transferring money between funds has no financial impact on the city.
Recommendation
It is recommended that the City Council approve the attached transfers, in the amount of
$2,533,525.47, and authorize the Finance Director to make the appropriate accounting entries to
complete the transactions.
Attachments
1. None
From Fund To Fund Amount For
General Fund Taste of Maplewood $1,656.09 Reimburse City Celebration
101Fund 220 expenses
Debt Service Debt Service Fund $2,303,821.70 Refund 2007A bonds and close
Fund 375 356fund 356
EDA Fund 280 Redevelopment $2,545.68 Reimburse for portion of land
Fund 430 purchase and close fund 430
Debt Service Fire Equipment $225,502.00 Transfer lease proceeds for
Fund 377 Fund 424 purchase of pumper truck chassis
TOTAL$2,533,525.47
TRANSFERS
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MEMORANDUM
TO:Melinda Coleman, City Manager
FROM:Scott Nadeau, Chief of Police/Public Safety Director
DATE: November 28, 2017
SUBJECT: Approval of Resolution Accepting Donation to Maplewood Police Reserves from
the Ramsey County Sheriff’s Foundation
Introduction
The Maplewood Police Department's Reserve Unit has received a donation of $1,000 from the
Ramsey County Sheriff’s Foundation. City Council approval is required before the donation can
be accepted.
Background
For many years, the Maplewood Police Department Reserve Officer Unit has assisted with
traffic direction and security for the Sheriff’s Annual Fright Farm event. Once again, the
Foundation has made a donation to the City's Reserve Unit in the amount of $1,000.
Additionally, the Foundation’s president, Cheryl Hiner, submitted a letter of appreciation
acknowledging the service and commitment of our Reserves. The $1,000 is designated for use
by the Reserves for equipment or other needs, such as uniforms.
Budget Impact
The receipt of the donated funds assists the City in funding Reserve Unit needs.
Recommendation
Approval of the resolution accepting the donation made by the Ramsey Sheriff’s Foundation
Board.
Attachments
1. Resolution
2. Letter from Ramsey County Sheriff’s Foundation Board
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RESOLUTIONEXPRESSING ACCEPTANCE
AND APPRECIATION OF
A DONATION TO
THE MAPLEWOOD POLICE DEPARTMENT
WHEREAS ,the Ramsey County Sheriff’s Foundation has presented to the
Maplewood Police Department a donation in the amount of $1,000; and
WHEREAS, this donation is intended for the purpose of supporting the needs of
the Maplewood Police Reserve Unit; and
WHEREAS, the Maplewood City Council is appreciative of the donation and
commends theRamsey County Sheriff’s Foundation Board for their civicefforts and
partnership.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of
Maplewood,Minnesota,that:
1. The donation is accepted and acknowledged with gratitude ;and
2. The donation will be appropriated for the Police Department as designated;
and
3. The appropriate budget adjustments be made.
The Maplewood City Council passed this resolution on December 11, 2017.
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MEMORANDUM
TO:Melinda Coleman,City Manager
FROM:Terrie Rameaux, Human Resource Coordinator
DATE:December 4, 2017
SUBJECT:Approval of Resolution for 2018 Pay Rates for Temporary/Seasonal and
Casual Part-TimeEmployees
Introduction/Background
It is recommended that this resolution be adopted to replace the existing resolution
establishing pay rates for temporary, seasonal, and casual part-time employees.This
resolution, updated annually,provides a current competitive wage scalewhen hiring for
these positions.
The first change is ageneral wage adjustment for the casual part-time Fire Department
positions effective January 1, 2018.The City’s past practice isto be consistent in providing
the same general wage adjustment to the casual part-time Fire Department positions as it
does to the City’s various collective bargaining groups. For 2018, six of the seven collective
bargaining groups will receive a general wage adjustment of 2.5% on January 1, 2018.
The second change is the adjusting of the minimum wage from $9.50 per hour to $9.65 per
hour effective January 1, 2018 in accordance with Minnesota State labor laws.
Budget Impact
Each department has an approved 2018 budget for temporary/seasonal, casual part-time
employees;there is no supplementary budget impact.
Recommendation
It is recommended that the Council adopt the attached resolution to be effective January 1,
2018.
Attachment
1.Resolution Approving 2018 Pay Rates for Temporary/Seasonal and Casual P/T
Employees
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SOLUTION
RE
WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees
who do not work more than 14 hour per week and temporary/seasonal employees who work in
positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not
public employees and are therefore not eligible for membership in a public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications
are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2018
upon Council approval.
Accountant$10.00-30.00per hour
Accounting Technician$9.65-22.00per hour
Administrative Assistant$9.65-23.00per hour
Background Investigator$25.00-40.00per hour
Building Inspector$14.00-35.00per hour
Building Attendant$9.65-15.00per hour
CSO$14.50-19.50per hour
Election Judge$9.65-12.00per hour
Election Judge - Assistant Chair$9.65-15.00 per hour
Election Precinct Chair$9.65-16.00per hour
Engineering Aide$9.65-16.00per hour
Engineering Technician$10.00-16.00per hour
Fire Maintenance/Engineer **$16.24per hour
Firefighter-in-Training (new hire) **$11.61per hour
Firefighter/EMT **$13.92per hour
Firefighter/Paramedic **$15.08per hour
Firefighter/EMT Captain **$16.24per hour
Firefighter/Paramedic Captain **$17.41per hour
Battalion Chief **$18.56per hour
Gardener$12.00-22.00per hour
Intern$9.65-20.00per hour
IT Technician$15.00-20.00per hour
Laborer$9.65-14.00per hour
Office Specialist$9.65-18.00per hour
Receptionist$9.65-16.00per hour
Recreation Instructor/Leader$9.65-32.00per hour
Recreation Official$9.65-30.00per hour
Recreation Worker$9.65-18.00per hour
Vehicle Technician$9.65-15.00per hour
Video Coordinator*$11.00-19.00per hour
Video Technician*$10.00-18.00per hour
*Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less.
** Fire Department positions shall receive a $2 per hour differential for working the following
th
, Labor Day, Thanksgiving Day and
holidays:New Year’s Day, Memorial Day, July 4
Christmas Day.
BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay
rates for these pay classifications; and,
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay
rate within the above ranges.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Mychal Fowlds, IT Director
DATE: December 5, 2017
SUBJECT:Approval to Donate iPads to Weaver School
Introduction
City of Maplewood staff uses iPad’s to perform many functions. As with all technology, there comes a
point where the devices are not able to accomplish what we need them to. When that happens the City
either sells, recycles or donates the items.
Background
As stated above, staff uses iPads to perform a number of tasks here at City Hall. Over the years we’ve
accumulated a few iPads that are no longer being utilized and are not able to accomplish what we need
them to. For example, they do not have the capability to use 4G in the field for employees to perform
remote duties. They do, however, still function and would work fine in a classroom setting where only a
set of apps are being used.
Staff was made aware of a need for iPads such as these in a Maplewood Elementary school. Torrie
Lukin teaches at Weaver Elementary School and has expressed an interest in using any iPads that the
City is willing donate in her classroom to help her students practice academic skills. While staff could
certainly auction the devices off and receive a minimal amount of cash for the older iPads, we believe
the use of them in a local elementary school to further the education of their students is the preferred
route.
Budget Impact
None.
Recommendation
Staff recommends that the City Council give approvalto donate unused iPads to Weaver School.
Attachments
None.
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MEMORANDUM
TO:Melinda Coleman, City Manager
FROM:Mychal Fowlds, IT Director
DATE:December 5, 2017
SUBJECT:Approvalof Payment for EdenSystems Yearly Maintenance Support
Introduction
Supportcontractsfor software are amajor necessitybecausethere arealways fixesand updatesand
without thesupportcontractswe’re entitledto none of these. Also,tospeak with any of ourthird-party
vendorsa support contractisrequired.
Background
The City of Maplewood hasbeen using Eden Systemsforquite sometime.We are now using Eden
Systems as the major software packagefor Finance, Community Development, PublicWorks,HRand
Citizen Servicesdivisions. All city employees who workonthe budget use Eden Systems.It is worth
noting that 2018 willbe the last year that we will carry supportfor the landmanagement portion ofEden
Systems as we arereplacing those modules with anew software package, Accela.
Budget Impact
This purchasehasbeen plannedforandwillbe fundedfrom the 2018IT Fundin the amount of
$59,328.22.
Recommendation
Itis recommendedthat authorizationisgiven topaythe support contractfor Eden Systemsso as tokeep
current with updates and tokeep Eden Systemssupport available for staff.
Attachments
1.Eden Systems invoice
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steven Love,Director of Public Works/City Engineer
DATE: November 30, 2017
SUBJECT:Approval of Resolution for Reduction of Retainage on Existing Construction Contract,
County Road B Trail and Safety Improvements, City Project 14-02
Introduction
The construction contract with Park Construction Company for the County Road B Trail and Safety
Improvements, City Project 14-02, has been completed. The City Council will consider approving the
attached resolutionfor the reduction of retainage on the existing contract to 0.5%.
Background
On May 11, 2015, the City Council awarded Park Construction Companya construction contract for
excavation and grading, utility work, a traffic signal, trail and safetyimprovements along County Road B
in the amount of $1,034,945.86. On October 26, 2015 the City Council approved Change Order #1
increasing the project construction contract amount by $25,859.20 from $1,034,945.86 to
$1,060,805.60.
Discussion
The contractor has completedthe requirements of the project construction work. Currently, city staff
and the contractor are working with MnDot to complete the required grant paperwork. A reduction in
contract retainage to 0.5% is justified based on the amount of the completed work.
Budget
An adjustment in retainage does not increase or decrease the total approved contract amount. No
adjustments to the contract or approved project budget are needed at this time.
Recommendation
It is recommendedthat the City Council approve the attached resolution directing the City Engineer to
reduce retainage on the existing construction contract to 0.5%for the County Road B Trail and Safety
Improvements, City Project 14-02.
Attachments
1.ResolutionApprovingReduction in Retainage
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G8, Attachment 1
RESOLUTION
REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT
PROJECT 14-02
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvements Project 14-02,County Road B Trail and Safety Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, Park Construction Company, has completed the requirements of the
project construction work,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.A reduction in retainage onthe construction contract is hereby authorized to be reduced, at
the discretion of the City Engineer, to 0.5%.
Adopted by the Maplewood City Council on this 11thday ofDecember,2017.
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G9
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Chad Bergo, Communication Coordinator
DATE: December 4, 2017
SUBJECT: Approval to Authorize Payment for Services Provided by Tierney, Inc. for Council
Chamber Updates
Introduction
The City of Maplewood received two written quotations fromvendors on the State of
Minnesota’s authorized list of contractors to bid on ourCouncil Chamber upgrades. Both bids
were under $20,000. Staff selected Tierney, Inc. and construction began in June, 2017.
Background
During the few days of the construction project,IT Director, Mychal Fowlds authorized the
change orders with Tierney for items that were either not in the original quote or for components
that are necessary for future video needs of the Council Chamber. Staffneeded to act quickly
to ensure the bulk of the project was completed before the next City Council meeting was to be
held in the chambers.
Budget Impact
The budget impact of these change orders is an additional $7,346.59 from a $19,604.80
bringing the total cost of the project to$26,951.39.The amount has been budgeted for, and will
be paid for by PEG fees via the Cable Fund. The following is a brief description of each change
order:
Change order 1 – future components for dual 70” monitors in Chambers
Change order 2–lift rental to install cabling infrastructure for monitors
Change order 3 – touch screen monitor with speakers for video booth
Change order 4 – wireless receivers, 1 handheld mic & 1 lavalier microphone body pack
Change order 6 – infrastructure to send program signal to dais monitors
Recommendation
Staff recommends that the Council give the approval toauthorize payment to Tierney for
Servicesprovided for Council chamber updates.
Attachments:
1.Change order 1
2.Change order 2
3.Change order 3
4.Change order 4
5.Change order 6
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: December 11, 2017
SUBJECT:
Consider Approval of Resolution Authorizing the Issuance of
RevenueBonds for the Benefit of Ecumen; Adopting a Housing
Program; and Authorizing the Execution and Delivery of the
Bonds and Related Documents
Introduction
Original Maplewood Bonds – On July 1, 2010, the City of Maplewood issued Housing and
Health Care Revenue Bonds, in the aggregate amount of $5,875,000, for financing the Ecumen
Headquarters and The Seasons at Maplewood Projects. The Ecumen Corporate Headquarters
is located in Shoreview. The Seasons Project included a capital contribution to Regent at
Maplewood, LLC, to finance a 150-unit senior housing facility, located at 1670 Legacy Parkway
East in Maplewood.
Apple Valley Bonds - On March 29, 2010, the City of Apple Valley issued Housing and Health
Care Revenue Bonds, in the aggregate principal amount of $5,545,000, for financing the Seasons
at Apple Valley Project. The Seasons Project included a capital contribution to Regent at Apple
Valley, LLC, to finance a 134-unit senior housing facility, located in Apple Valley.
Refinancing– Ecumen is proposing to refinance the original debt related to the Apple Valley
Facility, the Maplewood Facility, and the Corporate Headquarters (the Project), and is requesting
that the City of Maplewood issue revenue bonds (conduit debt) in an estimated aggregate
principal amount of $11,000,000 in order to refund the original debt on all Facilities and refinance
the collective Project. The City of Apple Valley has consented to the refinancing of the Apple
Valley bonds.
Obligation of the City - The issuance of the revenue bonds (conduit debt) does not impact the
City’s debt capacity and does not constitute a general or moral obligation of the City. The bonds
willnot be secured by the taxing powers of the City orany assets of the City, and will not
adverselyimpact the City’s ability to issue bank-qualified obligations for City projects.
Background
Project Description – Ecumen is refinancing the original Housing and Healthcare Revenue
Bonds. Ecumen has the authority to make this request because it is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code. The City is required to hold a
public hearing prior to authorizing the issuance of the bonds. Notice of the public hearing was
publishedin the City’s legal newspaper at least 14 days before the hearing scheduled for tonight.
The public hearing will also consider input on the housing program, of which notice was also
published in the City’s legal newspaper at least 15 days prior to tonight’s hearing.
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Budget Impact
The City will receive an application fee of $3,400 and an administrative fee of $28,600
forfacilitating the bonds. TheCity bears no responsibility for the debt. The conduit debt
issuance does not add to the City’s debt load and has no impact on the City’s credit rating.
Because these bonds are Housing Revenue Bonds (M.S. 462C), the issuance does not affect
theCity’s Bank Qualification (BQ) limit.
Recommendation
It is recommended that the Council approve the ResolutionAuthorizing the Issuance of
Revenue Bonds for the Benefit of Ecumen; Adopting a Housing Program; and Authorizing
the Execution and Delivery of the Bonds and Related Documents
Attachments:
1.Resolution Authorizing the Issuance of Revenue Bonds for the Benefit of Ecumen;
Adopting a Housing Program; and Authorizing the Execution and Delivery of the Bonds
and Related Documents
2.Letter from Bond Counsel
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H1, Attachment 1
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION NO. _______
AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR
THE BENEFIT OF ECUMEN; ADOPTING A HOUSING
PROGRAM; AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE BONDS AND RELATED DOCUMENTS
WHEREAS, the City of Maplewood, Minnesota (the “City”) is a statutory city and political
subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), authorizes a
municipality to carry out the public purposes described in the Housing Act by providing for the issuance of
revenue bonds to provide funds to finance or refinance multifamily housing developments (including
nursing and assisted living facilities); and
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the
“Development Act”), authorizes a municipality to issue revenue obligations to finance or refinance, in
whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or
extension of a “project,” defined in the Industrial Development Act, in part, as any properties, real or
personal, used or useful in connection with a revenue producing enterprise, whether or not operated for
profit, engaged in providing health care services, including, without limitation, hospitals, nursing homes,
and related medical facilities; and
WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue
obligations to finance or refinance the acquisition or improvement of property located outside of the
corporate boundaries of such municipality if the obligations are issued under a joint powers agreement
between the municipality issuing the obligations and the municipality in which the property to be acquired
or improved is located; and
WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint
powers agreement entered into through action of their governing bodies, two municipalities may jointly or
cooperatively exercise any power common to the contracting parties or any similar powers, including those
which are the same except for the territorial limits within which they may be exercised and the joint powers
agreement may provide for the exercise of such powers by one or more of the participating governmental
units on behalf of the other participating units; and
WHEREAS, on March 29, 2010, the City of Apple Valley, Minnesota (the “City of Apple Valley”)
issued its Housing and Health Care Revenue Bonds (Ecumen – The Seasons at Apple Valley Project), Series
2010 (the “Series 2010 Apple Valley Bonds”), in the original aggregate principal amount of $5,545,000,
and loaned the proceeds thereof to Ecumen, a Minnesota nonprofit corporation (the “Borrower”), for the
purposes of making a capital contribution to Regent at Apple Valley, LLC, a Minnesota limited liability
company of which the Borrower is the sole member (“Regent at Apple Valley”), to finance the design,
acquisition, construction, and equipping of an approximately 134-unit four-story senior housing facility
(the “Apple Valley Facility”) located at 15359 Founders Lane, Apple Valley, Minnesota, which is owned
and operated by Regent at Apple Valley; and
WHEREAS, on July 1, 2010, the City issued its Housing and Health Care Revenue Bonds (Ecumen
Headquarters and The Seasons at Maplewood Projects), Series 2010 (the “Series 2010 Maplewood Bonds”),
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in the original aggregate principal amount of $5,875,000, and loaned the proceeds thereof to the Borrower
for the purposes of (i) financing the acquisition, renovation, and equipping of the Borrower’s corporate
headquarters (the “Corporate Headquarters”) located at 3530 Lexington Avenue North, Shoreview,
Minnesota, which are owned and operated by the Borrower; and (ii) making a capital contribution to Regent
at Maplewood, LLC, a Minnesota limited liability company of which the Borrower is the sole member
(“Regent at Maplewood”), to finance the design, acquisition, construction, and equipping of an
approximately 150-unit two-story senior housing facility (the “Maplewood Facility”) located at 1670
Legacy Parkway East, Maplewood, Minnesota, which is owned and operated by Regent at Maplewood; and
WHEREAS, the Borrower has proposed to refinance the Apple Valley Facility, the Maplewood
Facility, and the Corporate Headquarters (collectively, the “Project”) and is requesting that the City issue
its revenue bonds, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), in an estimated
aggregate principal amount not to exceed $11,000,000, in order to (i) refinance the Apple Valley Facility
by refinancing the Series 2010 Apple Valley Bonds; (ii) refinance the Maplewood Facility and the
Corporate Headquarters by refunding the Series 2010 Maplewood Bonds; and (iii) pay costs of issuance of
the Bonds; and
WHEREAS, in connection with the issuance of the Series 2010 Maplewood Bonds, the City of
Shoreview, Minnesota (the “City of Shoreview”) consented to the issuance of the Series 2010 Maplewood
Bonds by the City to refinance the Corporate Headquarters, which are located in the City of Shoreview;
and
WHEREAS, the City and the City of Apple Valley are proposing to enter into a Cooperative
Agreement (the “Cooperative Agreement”), pursuant to which the City of Apple Valley will consent to the
issuance of the Bonds by the City to refinance, among other things, the Apple Valley Facility, and the City
will agree to issue the Bonds to refinance, among other things, the Apple Valley Facility; and
WHEREAS, in accordance with the Housing Act, the City has prepared a housing program (the
“Housing Program”), which authorizes the issuance of the Bonds by the City to refinance the Apple Valley
Facility, and the Housing Program was submitted to Metropolitan Council for its review and comment; and
WHEREAS, the Borrower has represented to the City that it is exempt from federal income taxation
under Section 501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), as a result of the
application of Section 501(c)(3) of the Code; and
WHEREAS, under Section 147(f) of the Code, prior to the issuance of the Bonds, the City Council
must conduct a public hearing after one publication of notice in a newspaper circulating generally in the
City at least fourteen (14) days before the hearing, and under Section 462C.04, subdivision 2 of the Housing
Act, a public hearing must be held on the housing program after one publication of notice in a newspaper
circulating generally in the City at least fifteen (15) days before the hearing; and
WHEREAS, a notice of public hearing (the “Public Notice”) was published at least fifteen (15)
days before the regularly scheduled meeting of the City Council of the City in the Pioneer Press, a
newspaper of general circulation in the City, with respect to the required public hearing under
Section 147(f) of the Code and the Housing Act; and
WHEREAS, on the date hereof, the City Council conducted a duly noticed public hearing at which
a reasonable opportunity was provided for interested individuals to express their views, both orally and in
writing, on the following issues: (i) approval of the issuance of the Bonds pursuant to the requirements of
Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the Housing
Program pursuant to the requirements of the Housing Act; and
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WHEREAS, the Bonds are to be issued by the City pursuant to the Housing Act, the Development
Act, Minnesota Statutes, Sections 471.59 and 471.656, as amended, and an Indenture of Trust (the
“Indenture”) between the City and U.S. Bank National Association, as trustee (the “Trustee”), and the City
will loan the proceeds of the Bonds to the Borrower pursuant to a Loan Agreement (the “Loan Agreement”)
between the City and the Borrower; and
WHEREAS, the principal, premium (if any), and interest on the Bonds (i) shall be payable solely
from the revenue pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the
City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or
encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan
Agreement; and
WHEREAS, the Loan Agreement requires the Borrower to make payments thereunder in amounts
and at times sufficient to pay the principal of, premium (if any), and interest on the Bonds when due, and
the loan repayments required to be made by the Borrower to the City under the terms of the Loan Agreement
will be assigned by the City to the Trustee to secure the payment of the principal of, premium (if any), and
interest on the Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, AS FOLLOWS:
1. Based on representations made by the Borrower to the City to date, the City Council of the
City hereby makes the following findings, determinations, and declarations:
(a) The Apple Valley Facility and the Maplewood Facility, which are being refinanced
with a portion of the proceeds of the Bonds, consist of a multifamily housing development
including nursing care and assisted living.
(b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds thereof,
along with equity of the Borrower and other available funds, will be used to refinance the Project
and pay costs of issuance of the Bonds.
(c) In authorizing the issuance of the Bonds, the City’s purpose is to further the
policies of the Housing Act and the Development Act.
2. The Housing Program, in the form substantially on file with the City, is hereby approved.
3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery
of the Bonds, in one or more series, as taxable or tax-exempt obligations, in the aggregate principal amount
not to exceed $11,000,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature,
shall be subject to redemption prior to maturity, shall be in such forms, and shall have such other terms,
details, and provisions as are prescribed in the Indenture, in substantially the form now on file with the City.
4. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full
force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the forms
on file with the City, which are hereby approved, with such necessary and appropriate variations, omissions,
and insertions (including changes to the principal amount of the Bonds, the determination of the interest rates
on the Bonds, and changes to the terms of redemption of the Bonds) as the Mayor and the City Manager of the
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City (the “Mayor” and “City Manager,” respectively), in their discretion, shall determine. The execution of the
Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the
Bonds by the City shall be conclusive evidence of such determination.
5. The Bonds shall be special, limited obligations of the City payable solely from the revenues
provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the
Indenture and shall be issued in an aggregate principal amount not to exceed $11,000,000. The City Council
of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the
Indenture to the Trustee, hereby authorizes and directs the execution of the Bonds in accordance with the
terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions,
covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City and the Trustee
as set forth therein.
6. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed
to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be
in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially
in the form on file with the City, which is hereby approved, with such necessary and appropriate variations,
omissions, and insertions as do not materially change the substance thereof, or as the Mayor and the City
Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager
shall be conclusive evidence of such determination.
7. The Mayor and the City Manager are hereby authorized and directed to execute and deliver
the Loan Agreement, the Cooperative Agreement, and the Bond Purchase Agreement (the “Bond Purchase
Agreement”) between the City, the Borrower, and Dougherty & Company LLC, as purchaser of the Bonds (the
“Underwriter”). All of the provisions of the Loan Agreement, the Cooperative Agreement, and the Bond
Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect
from the date of execution and delivery thereof. The Loan Agreement, the Cooperative Agreement, and the
Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved,
with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the
City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager
shall be conclusive evidence of such determination.
8. The Bonds shall be revenue obligations of the City the proceeds of which shall be disbursed
pursuant to the Indenture and the Loan Agreement, and the principal, premium, if any, and interest on the
Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan
Agreement, and the other sources set forth in the Indenture. The Trustee is hereby authorized and directed
to accept from the Borrower any additional instruments, documents, or other security provided by the
Borrower or, at its direction to secure the obligations of the Borrower under the Loan Agreement or to
secure the Bonds.
9. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds.
10. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized
to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in
connection with the issuance, sale, and delivery of the Bonds, including one or more certificates of the City,
an endorsement to the Borrower’s tax certificate, an Information Return for Tax-Exempt Private Activity
Bond Issues, Form 8038 (Rev. April 2011), and all other documents and certificates as shall be necessary
and appropriate in connection with the issuance, sale, and delivery of the Bonds. The City hereby approves
the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and
documents prepared in conjunction with the issuance of the Bonds that require execution by the Trustee.
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The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute,
and deliver its approving legal opinion with respect to the Bonds.
11. The City has not participated in the preparation of the Preliminary Official Statement (the
“Preliminary Official Statement”) or the Official Statement (the “Official Statement”) relating to the Bonds
and has made no independent investigation with respect to the information contained therein, including the
appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness
of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by
the Underwriter in connection with the sale of the Bonds of the Preliminary Official Statement and the
Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials
consented to by the City for use in connection with the offer and sale of the Bonds.
12. All covenants, stipulations, obligations, and agreements of the City contained herein and
in the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and
agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations,
obligations, and agreements shall be binding upon the City. Except as otherwise provided herein, all rights,
powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by
the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the
City or by such members of the City Council, or such officers, board, body or agency thereof as may be
required or authorized by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any
member of the City Council of the City, or any officer, agent or employee of the City in that person’s
individual capacity, and neither the City Council of the City nor any officer or employee executing the
Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by
reason of the issuance thereof.
No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in
any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or the
breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its
general credit or taxing powers. In making the agreements, provisions, covenants, and representations set
forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than
funds and revenues derived from the Loan Agreement, which are to be applied to the payment of the Bonds,
as provided therein and in the Indenture.
13. Except as herein otherwise expressly provided, nothing herein or in the aforementioned
documents expressed or implied, is intended or shall be construed to confer upon any person or firm or
corporation, other than the City or any holder of the Bonds issued under the provisions of this resolution,
any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions
hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and
being for the sole and exclusive benefit of the City and any holder from time to time of the Bonds issued
under the provisions of this resolution.
14. In case any one or more of the provisions of this resolution, other than the provisions
contained in the first sentence of Section 5 hereof, or of the aforementioned documents, or of the Bonds
issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not
affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this
resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal
or invalid provisions had not been contained therein.
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15.The Bonds, when executed and delivered, shall contain a recital that they are issued
pursuant to the Housing Act and the Development Act, and such recital shall be conclusive evidence of the
validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things
required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of
the Bonds, and to the execution of the aforementioned documents to happen, exist and be performed
precedent to the execution of the aforementioned documents have happened, exist and have been performed
as so required by law.
16.The officers of the City, bond counsel, other attorneys, engineers, and other agents or
employees of the City are hereby authorized to do all acts and things required of them by or in connection
with this resolution, the aforementioned documents, and the Bonds for the full, punctual, and complete
performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned
documents and this resolution. In the event that for any reason the Mayor is unable to carry out the
execution of any of the documents or other acts provided herein, any other member of the City Council of
the City shall be authorized to act in his or her capacity and undertake such execution or acts on behalf of
the City with full force and effect, which execution or acts shall be valid and binding on the City. If for
any reason the City Manager is unable to execute and deliver the documents referred to in this resolution,
such documents may be executed by a member of the City Council, with the same force and effect as if
such documents were executed and delivered by the City Manager.
17.The City understands that the Borrower will pay directly to the City any and all costs paid
or incurred by the City in connection with the transactions authorized herein, whether or not the Bonds are
issued. The City further understands that the Borrower will pay to the City its administrative fee for the
issuance of conduit debt.
18.This resolution shall be in full force and effect from and after its passage.
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Approved by the City Council of Maplewood, Minnesota this 11 day of December, 2017.
Nora Slawik, Mayor
ATTEST:
Melinda Coleman, City Manager
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Offices in
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis
Minneapolis, MN 55402
(612)337-9300 telephone
Saint Paul
(612)337-9310 fax
www.kennedy-graven.com
St. Cloud
Affirmative Action, Equal Opportunity
Employer
J ULIE A. E DDINGTON
Attorney at Law
Direct Dial (612) 337-9213
Email: jeddington@kennedy-graven.com
December 5, 2017
Ellen Paulseth
Finance Director
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Re: Resolution approving the issuance of revenue bonds by the City of Maplewood for the benefit of
Ecumen
Dear Ellie,
Ecumen, a Minnesota nonprofit corporation (the “Borrower”), has requested that the City of Maplewood
(the “City”) assist in refinancing the following debt incurred by the Borrower in 2010: (i) the Housing and
Health Care Revenue Bonds (Ecumen – The Seasons at Apple Valley Project), Series 2010 (the
“Series 2010 Apple Valley Bonds”), issued by the City of Apple Valley (the “City of Apple Valley”) in the
original aggregate principal amount of $5,545,000, the proceeds of which were loaned to the Borrower for
the purposes of making a capital contribution to Regent at Apple Valley, LLC, a Minnesota limited liability
company of which the Borrower is the sole member (“Regent at Apple Valley”), to finance the design,
acquisition, construction, and equipping of an approximately 134-unit four-story senior housing facility
(the “Apple Valley Facility”) located at 15359 Founders Lane, Apple Valley, Minnesota, which is owned
and operated by Regent at Apple Valley; and (ii) the Housing and Health Care Revenue Bonds (Ecumen
Headquarters and The Seasons at Maplewood Projects), Series 2010 (the “Series 2010 Maplewood Bonds”),
issued by the City in the original aggregate principal amount of $5,875,000, the proceeds of which were
loaned to the Borrower for the purposes of (a) financing the acquisition, renovation, and equipping of the
Borrower’s corporate headquarters (the “Corporate Headquarters”) located at 3530 Lexington Avenue
North, Shoreview, Minnesota, which are owned and operated by the Borrower; and (b) making a capital
contribution to Regent at Maplewood, LLC, a Minnesota limited liability company of which the Borrower
is the sole member (“Regent at Maplewood”), to finance the design, acquisition, construction, and
equipping of an approximately 150-unit two-story senior housing facility (the “Maplewood Facility”)
located at 1670 Legacy Parkway East in the City, which is owned and operated by Regent at Maplewood.
To do so, the Borrower is requesting that the City issue revenue bonds, in one or more series, as taxable or
tax-exempt obligations (the “Bonds”), in the estimated aggregate principal amount not to exceed
$11,000,000.
A portion of the Bonds, if issued, will be considered “housing bonds” pursuant to Minnesota Statutes,
Chapter 462C, as amended (the “Housing Act”). The Bonds will also be issued in accordance with
Minnesota Statutes, Sections 469.152 through 469.1655, as amended, and Minnesota Statutes,
Sections 471.59 and 471.656, as amended. Pursuant to Section 462C.03, subdivision 1a of the Housing
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Act, the City is required to prepare a housing program providing the information required by such statute
(the “Housing Program”). The City is required to conduct a public hearing in accordance with
Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 462C.04,
subdivision 2 of the Housing Act. The public hearing will be held on December 11, 2017. Following the
public hearing, the City Council will be asked to consider the enclosed resolution, which provides final
approval to the issuance of the Bonds, the Housing Program, and the execution of loan documents and
related documents, including but not limited to a Cooperative Agreement with the City of Apple Valley.
The Bonds will be secured solely by the revenues derived from a loan agreement (the “Loan Agreement”)
to be executed by the Borrower and from other security provided by the Borrower. The Bonds will not
constitute a general or moral obligation of the City and will not be secured by or payable from any property
or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by
any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City,
and the issuance of the Bonds will not have any adverse impact on the credit rating of the City, even in the
event that the Borrower encounters financial difficulties with respect to the facilities to be refinanced with
the proceeds of the Bonds.
Each year the City has the ability to designate up to $10,000,000 in tax-exempt bonds as “qualified
tax-exempt obligations” (sometimes referred to as “bank-qualified bonds”) for purposes of
Section 265(b)(3) of the Code. The Bonds will not be designated as bank-qualified bonds. Because the
City was unaware that they would be asked to issue the Bonds this year, the Bonds will not impact the bank-
qualified status of the general obligation bonds that the City previously issued this year.
Under the terms of the Loan Agreement, the Borrower will agree to pay the City’s administrative fee and
the out-of-pocket expenses of the City with respect to this transaction.
I will be attending the City Council meeting on December 11, 2017 and can answer any questions that may
arise during the meeting. Please contact me with any questions you may have prior to the City Council
meeting.
Sincerely,
Julie A. Eddington
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Ellen Paulseth, Finance Director
DATE: December 11, 2017
2018Tax Levy and Budget
SUBJECT:
Approval of ResolutionCertifying TaxesPayable in 2018
Approval ofResolution Adopting a 2018 Budget and
FinancialManagement Policies, and the CIP for 2018-2022
Introduction
Budget and Tax Levy - State law requires the City Council to adopt a 2018 budget and proposed
property tax levy for certification to Ramsey County by December 30, 2017. A public hearing on
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the proposed taxes and budget for 2018 is scheduled for December 11 at 7:00 p.m. At the
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September 11 City Council meeting, a total proposed tax levy of $21,465,600 was approved,
which is 3.5% ($726,767) more than the 2017 levy. The final resolutions prepared for Council
consideration tonight include this 3.5% tax levy increase. The 2018-2022 CIP has been
disseminated under separate cover and will be included with the 2018 Budget document.
Capital Improvement Planning - The City Manager and Senior Management Team have worked
together to formulate a 2018 budget that funds operations, incorporates new efficiencies,
addresses structural budget challenges, and provides relief for deficit funds. The 2018-2022 CIP
process began in March of 2017 and was completed in July.
General Fund Overview - The budget is composed of several funds, the largest of which is the
General Fund. The General Fund is the primary operating fund of the City and includes services
such as police, fire, public works, parks maintenance, community development, citizen services
and administration. Sources of revenue include the property tax levy, fees, licenses, permits,
fines, charges for services, and interest earnings.
General Fund Tax Levy - The proposed property tax levy for the General Fund Budget for 2018
is $726,767 more than the 2017 budget. This includes $100,000 to improve the unassigned fund
balance in the General Fund. Most of the remainder of the increase ($626,767) is related to
general wage and benefit increases, according to union contracts. Other factors include an
increase in the cost of supplies, and the purchase of new technology for the Building Department
to allow for more efficient operations in the field. The budget also reflects a reduction in revenues
due to the reduction of interfund charges and the reallocation of franchise fees to the new
Communications Fund. Reductions were made to the existing budget and new requests to
accommodate the reduction in revenues.
Other Factors Affecting the Tax Levy – For the first time, the City is levying $100,000 to combat
the emerald ash borer infestation in ash trees on City owned properties. And, since the YMCA is
now operating the Community Center, that levy has been reduced from $500,000 per year to
$200,000 per year. The City continues to participate in capital improvements for the center. See
the chart below for details on the total City property tax levy.
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Final 2017 Proposed$ Increase% Increase
Levy:2018 Levy(Decrease)(Decrease)Levy
General Fund14,418,079 15,351,530 933,451 6.5%
Debt Service Funds 4,891,4844,894,070 2,5860.1%
Recreation Fund 205,000 200,000(5,000)-2.4%
Capital Project Funds 335,000 420,000 85,00025.4%
Ambulance Fund 300,000 300,000-0.0%
Community Center Fund 500,000 200,000(300,000)-60.0%
EDA Fund 89,270 100,000 10,73012.0%
Total City Levy20,738,83321,465,600 726,7673.5%
City Property Tax Impact on Median Valued Home – The “median valued home” is the value
at which there are just as many values lower than the value as there are higher than it. It is not
the average, rather right in the middle. Based on information received from Ramsey County in
November, the median valued home in Maplewood is estimated to increase in value by 4.50%,
from $200,550 to $209,600. The annual impacts of the City levy increase to a median valued
home and selected values of other homes are as follows:
Value of HomeValue of Home20172018$ Increase% Increase
Pay 2017Pay 2018ActualEstimated(Decrease)(Decrease)
$200,550$ 209,600$ 872$ 891$ 192.1%
95,700100,000324336123.6%
143,500150,000574589152.7%
239,200250,0001,0741,096222.0%
382,800400,0001,8251,856311.7%
Impacts to Properties from Proposed Total Tax Levy - Based on information received from
Ramsey County, the maximum tax levies adopted by all taxing districts (County, City, School and
Miscellaneous) will have the following effect on total taxes for residential property in Maplewood.
Keep in mind that properties receiving larger increases are a result of home value increases,
rather than levy increases.
43.7% of homeowners will receive a tax bill with 0% increase or a decrease
46.8% of homeowners will receive a tax bill with 1%-10% increase
6.8% of homeowners will receive a tax bill with 11%-20% increase
2.1% of homeowners will receive a tax bill with 21%-30% increase
0.6 % of homeowners will receive a tax bill with over 30% increase
Fund Balance - The State Auditor recommends that cities maintain unassigned fund balances in
their general fund of approximately 35 to 50 percent of fund operating revenues or no less than
five months of operating expenditures. The 2018 budget projects a fund balance of 42.5% of fund
operating revenues and about 4.8 months of operating expenditures. The 3.5% levy increase will
allow the City to maintain fund balance within the range recommended by the State Auditor. An
adequate fund balance is needed to maintain our bond rating and provide a sufficient balance for
our cash flow needs.
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H2
Ramsey County Levy Increases - Tax levy changes (net tax capacity levy) for other Ramsey
County cities are as follows. The chart does not include market value based levies.
Arden Hills 4.0% North St. Paul 12.6%
Blaine 11.5% Roseville 6.5%
Falcon Heights 24.0% St. Anthony 5.6%
Gem Lake 17.0% St. Paul 23.9%
Lauderdale 8.1% Shoreview 4.9%
Little Canada 7.0% Spring Lake Park 7.5%
Maplewood 3.6% VadnaisHeights 3.4%
Mounds View 8.2% White Bear Lake 8.5%
New Brighton 9.6% Town of White Bear 18.2%
North Oaks 7.9%AVERAGE 16.3%
Capital Improvement Plan - The Capital Improvement Plan (CIP) coordinates the planning,
financing and timing of major equipment purchases and construction projects. Drafts of the CIP
were presented to council members over the past six months. Adopting the CIP does not commit
the Council to the proposed projects. Each project will be brought before the Council for approval
before implementation. By adopting the 2018 Budget, funding for equipment purchases and
projects will be appropriated. The remaining years included in the CIP are for planning purposes
and will not be funded until a budget is adopted for that year.
The total expenditures included in the 2018-2022 CIP are $89,857,000. The CIP projects are
based on goals established at City Council planning retreats. Major projects include:
1. Wakefield Park Facilities Project in 2018;
2. Gladstone Area Redevelopment in 2018 - 2020;
3. Farrell/Ferndale Area Street Improvements in 2018;
4. Londin/Highpoint Area Street Improvements in 2018;
5. Ferndale/Ivy Area Street Improvements in 2019;
6. Sterling Street Bridge Replacement in 2019;
7. Mailand/Crestview Forest Area Pavement Project in 2019;
8. Roselawn & Edgerton Intersection Improvements in 2019;
9. Fire Station Rehabilitation in 2019;
10. Rice Street in 2020;
11. Dennis/McClelland Area Street Improvements in 2020;
12. Schaller Area Pavement Project in 2020 - 2022;
13. White Bear Ave/I694 Interchange Project in 2020;
14. Park Maintenance and Reinvestment in 2020;
15. Southcrest/Ferndale Area Pavement Project in 2021;
16. Gladstone Improvements Phase III Project in 2021;
17. East Shore Drive Area Street Improvements in 2021;
18. Cope/McMenemy Street Improvements in 2022;
19. Gervais Area Pavement in 2022
20. Gladstone Area Phase III Street Improvements in 2022.
Budget Impact
Adoption of the attached resolution will establish the payable 2018 tax levy and the 2018 Budget
and 2018-2022 Capital Improvement Plan for the City of Maplewood. The final resolutions were
prepared with the 3.5% levy increase that was approved at the September 11, 2017 meeting. The
full budget document will be completed after the adoption of the final budget.
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Recommendation
Staff recommends approval of the following two resolutions:
a. Resolution Certifying Taxes Payable in 2018
b. Resolution Adopting a Budget and Financial Management Polices for 2018, and a CIP for
2018-2022
Attachments
1. Resolution Certifying Taxes Payable in 2018
2. Breakdown by Debt Service Fund
3. Resolution Adopting a Budget and Financial Management Policies for 2018 and CIP for
2018-2022
4. 2018 Proposed General Fund Budget Statement
5. 2018 Financial Management Policies
6. Power Point Presentation
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H2, Attachment 1
RESOLUTION
CERTIFYING TAXES PAYABLE IN 2018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that:
1. The following amounts be levied for property taxes payable in 2018, upon the net tax capacity
in the City of Maplewood, for the following purposes:
General Fund $15,351,530
Debt Service Funds 4,614,481
Recreation Programs Fund 200,000
Capital Improvement Fund 180,000
Police Vehicles and Equipment Fund 180,000
Fire Equipment Replacement Fund 60,000
Ambulance Fund 300,000
Community Center Fund 200,000
Maplewood Area EDA 100,000
TOTAL NET TAX CAPACITY LEVY $20,086,011
2.BE IT FURTHER RESOLVED that a market value based referendum levy for property taxes
payable in 2018 be levied for the following purpose
2013B Fire Safety Refunding Bonds $279,589
TOTAL MARKET VALUE BASED LEVY $279,589
3.BE IT FURTHER RESOLVED that the total certified City levy is:
TOTAL CERTIFIED LEVY $21,465,600
4.BE IT FURTHER RESOLVED that the scheduled debt service levies have been adjusted as
shown on attachment 2, for a total debt service levy of $4,894,070.
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H2, Attachment 2
City of MAPLEWOOD Debt Service Levy
===================
ADDITIONS ORCERTIFIED
ORIGINALDATEPAYABLE 2018REDUCTIONS BYDEBT
BOND ISSUES PRINCIPALISSUEDDEBT LEVYRESOLUTIONLEVY
======================================================================================
GO IMP 2004B13,010,00022-Jul-04-$ 315,820.00315,820.00$
GO IMP 2007B5,090,00015-Oct-07325,163.95-91,736.95233,427.00
GO IMP 2008A9,970,0001-Jul-080.0050,000.0050,000.00
GO IMP REFUNDING 2008B1,070,0001-Jul-0832,712.75-22,712.7510,000.00
GO IMP REFUNDING 2009A4,680,0001-Apr-09191,631.22104,283.78295,915.00
GO IMP REFUNDING 2009B2,690,0001-Dec-090.00165,000.00165,000.00
GO TIF Refunding 2010B4,050,0008-Jul-10352,340.63-352,340.630.00
GO IMP 2011A10,000,0001-Jun-11416,515.19-200,775.19215,740.00
GO 2012A5,780,0001-Jul-12518,571.26-508,571.2610,000.00
GO 2013A refunding6,180,0001-Jun-13443,735.31-0.31443,735.00
GO 2013B refunding3,700,00018-Dec-13623,306.25-0.25623,306.00
GO 2014A 7,745,0001-Aug-14518,670.760.24518,671.00
GO 2014B refunding1,255,0001-Aug-14261,765.00-161,765.00100,000.00
GO Imp 2015A refunding3,790,0001-Jan-15413,067.500.50413,068.00
GO 2015B 1,215,0008-Jul-15121,800.000.00121,800.00
GO 2015C refunding7,990,0008-Jul-15551,868.88-99,999.88451,869.00
GO 2016A 3,765,0008-Sep-16284,998.800.20284,999.00
GO 2016B refunding5,775,0008-Sep-16620,607.50-154,887.50465,720.00
GO Imp Refunding 2017B3,145,00011-May-17301,592.03-276,592.0325,000.00
GO Imp Tax Abatement 2017A3,850,00011-May-17120,776.9529,223.05150,000.00
-------------------------------------------------------------------
$6,099,123.98-$1,205,053.98$4,894,070.00
=======================================
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H2, Attachment 3
RESOLUTION
ADOPTING A 2018 BUDGET AND FINANCIAL MANAGEMENT POLICIES
AND THE 2018-2022 CAPITAL IMPROVEMENT PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that a budget for 2018 is hereby adopted as outlined in the following summary:
Revenues:
Fund20172018$ Change% Change
General18,158,479$$19,125,490$ 967,0115.33%
Special Revenue1,673,7501,666,300(7,450)-0.45%
Debt Service7,642,8906,963,950(678,940)-8.88%
Capital Projects4,154,7406,295,2002,140,46051.52%
Enterprise12,150,00012,194,00044,0000.36%
Internal Service1,696,2009,537,5207,841,320462.29%
TOTAL$45,476,059$55,782,460$10,306,40122.66%
Expenditures:
Fund20172018$ Change% Change
General19,894,029$$20,357,490$ 463,4612.33%
Special Revenue1,616,1501,557,560(58,590)-3.63%
Debt Service14,725,82014,816,33290,5120.61%
Capital Projects7,889,40013,082,9505,193,55065.83%
Enterprise10,803,10010,561,900(241,200)-2.23%
Internal Service1,696,2009,350,6307,654,430451.27%
TOTAL$56,624,699$69,726,862$13,102,16323.14%
BE IT FURTHER RESOLVED that the 2018-2022 Capital Improvement Plan, with projects
totaling $89,857,000, is hereby adopted.
BE IT FURTHER RESOLVED that the 2018 Financial Management Policies, as attached,
will supersede all existing policies and are hereby adopted.
BE IT FURTHER RESOLVED that budgets for public improvements will be amended
when the Council approves the project and establishes the budget for the project.
BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are
hereby adopted for financial reporting and management control and the budgets for all other funds
are adopted for management purposes only.
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H2, Attachment 3
BE IT FURTHER RESOLVED that the transfer of appropriations among the various
accounts, within a fund, shall only require the approval of the City Manager or his designee.
However, City Council approval is required for transfers from contingency accounts.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or
expended at the end of the fiscal year shall lapse and shall become part of the unencumbered
fund balance which may be appropriated for the next fiscal year except appropriations for capital
improvement projects which shall not lapse until the project is completed or canceled by the City
Council.
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H2, Attachment 4
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H2, Attachment 5
City of Maplewood, Minnesota
Financial Management Policies
Adopted by the Maplewood City Council: December 11, 2017
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H2, Attachment 5
FINANCIAL MANAGEMENT POLICIES
The City of Maplewood has an important responsibility to its citizens to plan the
adequate funding of services desired by the public, to manage the municipal
finances wisely, and to carefully account for public funds. The City strives to
ensure that it is capable of adequately funding and providing local government
services needed by the community. The City will maintain or improve its
infrastructure on a systematic basis to insure the maintenance of quality
neighborhoods for its citizens.
In order to achieve these goals, this plan has the following objectives for the
City’s fiscal performance:
1.To be proactive, rather than reactive, in the City’s policy-making efforts
to ensure that important decisions are not controlled by financial
problems or emergencies.
2.To enhance the City Council’s policy-making ability by providing
accurate financial information related to the various authority or service
levels provided by the City.
3.To assist in sound management of the City government by providing
accurate and timely information on financial condition.
4.To provide sound principles to guide the City Council with decisions that
will have significant financial impact on the City.
5.To set forth operational principals that minimize the cost of local
government, to the extent consistent with services desired by the public,
and minimize financial risk.
6.To utilize revenue policies and forecasting tools to prevent undue or
unbalanced reliance on certain revenues, especially property taxes, and
that also distribute the cost of municipal services fairly and provide
adequate funds to operate desired programs.
7.To provide essential public facilities and prevent deterioration of the
City’s infrastructure and various facilities.
8.To protect and enhance the City’s credit rating and prevent default on
municipal debts.
9.Ensure the legal use and protection of City funds through a good system
of financial and accounting controls.
10.Record expenditures in a manner that allocates to current taxpayers or
users the full cost of providing current services.
11.To adopt a balanced budget in the General Fund that will ensure an
adequate, stable fund balance.
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H2, Attachment 5
H2, Attachment
To achieve these objectives the following fiscal policieshave been adopted by
the City Council to guide the City’s budgeting and financial planning process.
Each fiscal policy section includes a statement of purpose anda description of
the policy.
1.REVENUE MANAGEMENT POLICY
2.CASH AND INVESTMENTS POLICY
3.RESERVES POLICY
4.OPERATING BUDGET POLICY
5.CAPITAL IMPROVEMENT PLAN POLICY
6.ECONOMIC DEVELOPMENT AUTHORITY FUND POLICY
7.DEBT MANAGEMENT POLICY
8.ACCOUNTING, AUDITING AND FINANCIAL REPORTING
POLICY
9.RISK MANAGEMENT POLICY
10.GRANT MANAGEMENT POLICY
11.PUBLIC PURPOSE EXPENDITURE POLICY
12.CAPITAL ASSETS POLICY
13.PROCUREMENT POLICY
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H2, Attachment 5
1.REVENUE MANAGEMENT POLICY
It is essential to responsibly manage the City’s revenue sources to provide maximum
service value to the community. The most important revenue policy guidelines
established by the City Council are for the two major sources of city revenue:
property taxes and fees/charges.
A.Purpose
The purpose of this policy is to establish broad goals to assist the City in managing
its revenue. These goals will consider diversification and stabilization, equity,
economic development, and collections.
i.Diversification
The City will strive to maintain a diversified revenue base to prevent
fluctuations in revenue. Property taxes add stability to the revenue base, but
should not be the sole source of revenue. When possible, the City will seek
out new sources of revenue to diversity the tax base. This could include long-
term solutions, such as franchise fees or additional fees and charges. Short-
term solutions should also be considered, such as a one-time sale of assets.
The City will strive to support policies that promote economic development in
the City to encourage a diversified local economy and expand the tax base.
ii.Equity
The City will strive to ensure that funding is derived from a fair, equitable and
adequate resource base, while minimizing tax differential burdens. Services
having a citywide benefit shall be financed with revenue sources generated
from a broad base, such as property taxes and state aids. Services where the
customer determines the use should be financed with user fees, charges, and
assessments related to the level of service provided.
iii.Economic Development
The City’s revenue sources should not unduly reduce the City’s economic
competitiveness or negatively impact individual choices in the local economy.
The City’s overall revenue structure should be designed to recapture some of
the financial benefits resulting from economic and community development
investments. The City will strive to keep a total revenue mix that encourages
growth and keeps Maplewood economically competitive.
iv.Collections
City staff should engage in vigilant collections of outstanding balances due to
the City. However, the cost of collections should not exceed the marginal
extra revenue obtained or absorb a large percentage of the amount collected.
City staff and collections contractors may write off accounts receivable in
amounts of $5.00 or less without Council approval.
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B.Property Taxes
When possible, property tax increases should accommodate incremental
adjustments. Further, when discussing property taxes, the City should
simultaneously explore other revenue and expenditure alternatives that will
maximize the City’s future financial flexibility and ability to provide services. This
may include considering options such as debt management, fees and charges,
cost allocation, use of reserves, and expenditure cuts.
Possible factors for considering an increase in property tax include:
Maintenance of City services.
Long-term protection of the City’s infrastructure.
Meeting legal mandates imposed by outside agencies.
Maintaining adequate fund balance and reserve funds sufficient to
maintain or improve the City’s bond rating.
Funding City development and redevelopment projects that will clearly
result in future tax base increases. The expenditures of development
and redevelopment funds must be in accordance with a defined
strategy as shown in the City’s Comprehensive Plan, Capital
Improvement Program and other Council documents.
Property tax increases to meet other purposes will be based on the following criteria:
A clear expression of community need.
The existence of community partnerships willing to share resources.
C.Service Fees and Charges
The City will consider service fees and charges wherever appropriate for the
purposes of keeping the property tax rate at a minimum and to fairly allocate the full
cost of services to the users of those services. Service fees and charges broaden
the base to include tax exempt properties, which still have municipal costs associated
with the property. Specifically, the City may:
Establish utility rates sufficient to fund both the operating costs and the
long-term depreciation and replacement of the utility systems.
As part of the City’s enterprise effort, evaluate City services and
pursue actions to accomplish the following:
Find community based partners to share in service delivery.
Make services financially self-supporting or, when possible,
profitable.
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Annually review City services and identify those for which charging
user fees are appropriate. These services will be identified as
enterprise services and a policy for establishing fees will be set for
each. Included as part of this process may be a market analysis that
compares our fees to comparable market cities.
Identify some enterprise services as entrepreneurial in nature. The
intent of entrepreneurial services will be to maximize revenues to the
extent the market allows.
Waive or offer reduced fees to youth, seniors, community service
groups, and other special population groups identified by the Council
as requiring preferential consideration based on policy goals.
Selected criteria are used to determine the specific rate to charge for a fee for service.
The approach for establishing the rate criteria is determined by the policy relating to
the fee in the City policies and procedures manual. The rate criteria can be one of
five approaches:
Market Comparison
Attempt to set fees in the upper quartile of the market.
Maximum set by External Source
Fees set by legislation, International Building Code, etc.
Entrepreneurial Approach
Fees will be at the top of the market.
Recover the Cost of Service
Program will be self-supporting.
Utility Fees
A rate study will be updated or reviewed each year.
D.Non-recurring and Volatile Revenues
Non-recurring revenues should directed towards one-time uses and should not be
relied on to fund ongoing programs. Several one-time revenue sources, such as
intergovernmental transfers, grants, and insurance dividends are outside of direct
City control and must be relied upon conservatively. The City Manager and Finance
Director shall ensure that the budget preparation process includes an evaluation of
all major non-recurring revenues, in order to minimize reliance on unpredictable
revenues for on-going operating costs.
Volatile revenues, such as court fines, interest earnings and building permits can
produce undependable yields and should not be heavily depended on to fund
ongoing programs. High yields from these sources should be treated in a manner
similar to non-recurring revenues. Revenues can be considered volatile if they vary
by more than 10% from budgetary estimates.
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H2, Attachment 5
2.CASH AND INVESTMENTS POLICY
Effective cash management is essential to good fiscal management.
Investment returns on funds not immediately required can provide a
significant source of revenue for the City. Investment policies must be well
founded and uncompromisingly applied in their legal and administrative
aspects in order to protect the City funds being invested.
A.Purpose
The purpose of this policy is to establish the City’s investment objectives
and establish specific guidelines that the City will use in the investment of
city funds. It will be the responsibility of the Finance Director to invest city
funds in order to attain a market rate of return while preserving and
protecting the capital of the overall portfolio. Investments will be made,
based on statutory constraints, in safe, low risk instruments.
B.Scope/Funds
This policy applies to the investment of all city funds available for
investment and not needed for immediate expenditure. The City will
consolidate cash balances from all funds to maximize investment earnings.
Investment income will be allocated to the various funds based on their
respective participation and in accordance with generally accepted
accounting principles.
C.Delegation of Authority
Authority to manage the investment program is granted to the Finance
Director who shall act in accordance with established written procedures
and internal controls for the operation of the investment program consistent
with this investment policy. Procedures should include references to:
safekeeping, delivery vs. payment, investment accounting, repurchase
agreements, wire transfer agreements and collateral/depository
agreements. No person may engage in an investment transaction except
as provided under the terms of this policy and the procedures established
by the Finance Director.
The primary objectives, in priority order, of investment activities shall be
safety, liquidity, and yield:
i.Safety: Safety of principal is the foremost objective of the
investment program.Investments shall be undertaken in a manner
that seeks to ensure the preservation of capital in the overall
portfolio. The objective will be to minimize the risk of market
fluctuations, such as credit risk and interest rate risk. Credit risk is
the risk that the borrower will be unable to make their debt service
payments to the investors. Interest rate risk is the risk that rates will
(for example) rise while the investments you hold have lower rates
–if the City were to sell their investments prior to maturity in this
case, they would have to sell the investments at a loss.
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ii.Liquidity: The investment portfolio must remain sufficiently liquid to
meet all operating costs that may be reasonably anticipated. The
portfolio must be structured so that securities mature concurrent with
cash needs to meet anticipated demands. Cash needs will be
determined based on cash flow forecasts.
iii.Diversification of instruments: A variety of investment vehicles
must be used so as to minimize the exposure to risk of loss. The
investment portfolio must be diversified by individual financial
institution, government agency, or by corporation (in the case of
commercial paper) to reduce the exposure to risk of loss.
iv.Diversification of maturity dates: Investment maturity dates
should vary in order to ensure that the City will have money available
when needed.
v.Yield: The investment portfolio shall be designed with the objective
of attaining a market rate of return throughout budgetary and
economic cycles, taking into account the investment risk constraints
and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described
above.
D.Oversight
The City Manager shall oversee the City’s investment program. The
Finance Director will maintain a more detailed and comprehensive
investment policy based on the principles established by the City Council
and consistent with the most current guidelines within the public sector. On
at least an annual basis, the Finance Director shall provide a status report
to the City Council. Annually, the City Council shall designate depositories
for investment purposes.
E.The City shall invest in the following instruments as allowed by
Minnesota Statute 118A
i.Government Securities: Direct obligations of the federal
government or its agencies, with the principal fully guaranteed by
the U.S. Government or its agencies.
ii.Certificates of Deposit: A negotiable or nonnegotiable instrument
issued by commercial banks and insured up to $250,000, or the
amount set, by the Federal Deposit Insurance Corporation (FDIC).
iii.Repurchase Agreement: An investment that consists of two
simultaneous transactions, where an investor purchases securities
from a bank or dealer. At the same time, the selling bank or dealer
agrees to repurchase the securities at the same price plus interest
at some agreed-upon future date. The security purchased is the
collateral protecting the investment.
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iv.Prime Commercial Paper: An investment used by corporations to
finance receivables. A short-term (matures in 270 days or less),
unsecured promissory note is issued for a maturity specified by the
purchaser. Corporations market their paper through dealers who in
turn market the paper to investors. The City will only purchase
commercial paper issued by U.S. corporations or their Canadian
subsidiaries that has been rated highest quality (A1, P1 and F1) by
two of three rating agencies.
v.State or Local Government Securities: Any security that is a
General Obligation of any state or local government rated “A” or
better by a national bond rating service.
vi.Statewide Investment Pools: Statewide investment pools that
invest in authorized instruments according to M.S. §118A.04, such
as the Minnesota Municipal Money Market (4M) Fund.
vii.Money Market Mutual Funds: Money market mutual funds that
invest exclusively in U.S. Government and agency issues.
F.Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with the proper execution
and management of the investment program. Employees and investment
officials shall disclose any material interests in financial institutions with
which they conduct business or that could be related to the performance of
the investment portfolio. Employees and officers shall refrain from
undertaking personal investment transactions with the same individual with
whom business is conducted on behalf of the City.
G.Internal Controls, Audits, External Controls
The Finance Director is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City are
protected from loss, theft, or misuse. Accordingly, compliance with City
policies and procedures should be assured by the Finance Director, and
addressed through the annual audit (CAFR) process.
H.Authorized Financial Institution and Dealer
In accordance with Minnesota Statutes §118.02, the responsibility for
conducting investment transactions resides with the City Council. Also, the
Council shall be responsible for designating the depositories of the funds.
Depositories shall be selected through a banking services procurement
process, which shall include a comprehensive review of credit
characteristics and financial history by the Finance Director or reliance on
selection criteria by an independent third party. In selecting depositories,
the creditworthiness of the institutions under consideration shall be
examined. The City Council shall designate depositories after a
recommendation from staff.
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H2, Attachment 5
H2, Attachment
Only approved security broker/dealers authorized in Minnesota Statutes
118A.06 shall be utilized for safekeeping and custody.
All financial institutions and broker/dealers must supply the following as
appropriate:
i.Audited financial statements;
ii.Proof of Financial Industry Regulatory Authority (FINRA)
certification,
iii.Proof of state registration;
iv.Completed broker/dealer questionnaire for firms who are not major
regional or national firms;
v.Certification of having read the City’s investment policy.
I.Broker Representations
Municipalities must obtain from their brokers certain representations
regarding future investments. The City of Maplewood will provide each
broker with information regarding the municipality’s investment restrictions.
Before engaging in investment transactions with the City of Maplewood, the
supervising officer at the securities broker/dealer shall submit a certification
stating that the officer has reviewed the investment policies and objectives,
as well as applicable state laws, and agrees to disclose potential conflicts
of interest or risk to public funds that might arise out of business
transactions between the firm and the City of Maplewood. All financial
institutions shall agree to undertake reasonable efforts to preclude
imprudent transactions involving the city’s funds.
J.Collateralization
The City funds must be deposited in financial institutions that provide at
least $250,000 in government insurance protection. At no time will deposits
in any one institution exceed the insured amount unless such excesses are
protected by pledged securities. Pledged securities, computed at market
value, will be limited to the following:
i.United States Treasury bills, notes or bonds that mature
within five years;
ii.Issues of United States government agencies guaranteed by
the United States government;
iii.General obligation securities of any state or local government
with taxing powers rated “A” or better, or revenue obligation
securities of any state or local government with taxing powers
rated AA or better, provided no single issue exceeds
$300,000 with maturities not exceeding five years;
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iv.Irrevocable standby letters of credit issued by Federal Home
Loan Banks accompanied by written evidence that the bank’s
public debt is rated AA or better;
v.Time deposits that are fully insured by any federal agency.
In order to anticipate market changes and provide a level of security for all
funds, the collateralization level will be 110 percent (110%) of the market
value of principal and accrued interest. Collateral shall be deposited in the
name of the City of Maplewood, subject to release by the City’s Finance
Director. All certificates of deposit and repurchase agreements purchased
by the City shall be held in third-party safekeeping by an institution
designated as primary agent. The primary agent shall issue a safekeeping
receipt to the City listing the specific instrument rate maturity and other
pertinent information. All deposits will be insured or collateralized in
accordance with Minnesota Statutes Chapter 118. No other collateral
except as designated above will be authorized for use as collateral for City
funds.
K.Safekeeping and Custody
When investments purchased by the City are held in safekeeping by a
broker/dealer, they must provide asset protection of $500,000 through the
Securities Investor Protection Corporation (SIPC) and at least
another $2,000,000 supplemental insurance protection.
L.Diversification
It is the policy of the City to diversify its investment portfolios to eliminate
the risk of loss resulting from the over concentration of assets in a specific
maturity, a specific issuer, or a specific class of maturities.
The portfolio, as much as possible, will contain both short-term and long-
term investments. The City will attempt to match its investments with
anticipated cash flow requirements. Liquidity is necessary to pay for
recurring operations. Maturities should not be extended beyond the dates
necessary to meet these projected liquidity needs and should be staggered
in such a way that avoids over concentration in a specific maturity sector.
Extended maturities may be utilized to take advantage of higher yields;
however, no more than 20% of the total investment portfolio should extend
beyond five (5) years and in no circumstance should any extend beyond
ten (10) years.
The portfolio will reflect diversity by class of maturity and issuer. The
following limits are imposed for investments of a specific class:
i.Commercial Paper:At any one time, no more than 20% of the
total portfolio shall consist of commercial paper investments.
Maximum holdings for any one issuer of commercial paper will be
5% of the total portfolio.
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ii.Certificates of Deposit: At any one time, no more than 70% of
the total portfolio shall consist of certificates of deposit. Maximum
holdings for any one issuer of a certificate of deposit will be
$250,000, or the amount insured by the Federal Deposit Insurance
Corporation (FDIC), unless collateral is provided in accordance
with this policy and Minnesota Statute Chapter 118. Maximum
holdings for any one issuer of collateralized certificates of deposit
will be 5% of the total portfolio.
iii.Government Securities:At any one time, no more than 70% of
the total portfolio shall be invested in obligations of the federal
government or its agencies.
iv.Repurchase Agreements:At any one time, no more than 5% of
the total portfolio shall be invested in repurchase agreements.
v.State or Local Government Securities: At any one time, no more
than 50% of the total portfolio shall be invested in State or local
government securities. Maximum holdings for any one issuer of
state or local government securities will be 10% of the total
portfolio.
vi.Money Market Funds: At any one time, no more than 70% of the
total portfolio shall be invested in authorized money market mutual
funds.
M.Investment Reporting
The Finance Director shall prepare an investment report at least quarterly,
including a management summary that provides a clear picture of the
status of the current investment portfolio and transactions made over the
last quarter. The investment reporting function shall include requirements
for budgetary reporting, interim reporting, internal reporting, and annual
reporting.
i.Budgetary Reporting: As part of the annual budget, interest
income shall be estimated for all funds based on a formal cash
flow forecast. This forecast shall take into account the historical
pattern of inflows and outflows of general fund cash, the
adopted fiscal policies and any other pertinent factors affecting
cash flow. The budget document shall explicitly state the
assumptions of the cash flow forecast, the assumed interest
rate on short-term investment and the interest estimated for any
long-term investments.
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ii.Interim Reporting:The investment portfolios for the City funds
shall be provided to the Council with the periodic budget versus
actual reports. These reports shall be sequenced by maturity and
shall state the type of investment, annualized rate of return based
on the daily interest amount. The Finance Director shall summarize
any changes in investment strategy or anticipated variances from
the investment income budgeted as part of monthly reporting
process.
iii.Internal Reporting:Finance Department procedures shall ensure
that investment portfolios are maintained on the City’s records
system on a daily basis and available to management or the City
Council at any time. Management shall be provided investment
portfolios monthly together with their budget versus actual reports.
iv.Annual Reporting:Within 90 days of the City’s fiscal year end, the
Finance Director shall prepare a written comprehensive fiscal report
on the investment program and investment activity. This report shall
include:
a.A summary of the investment activity and rate of return for the
fiscal year then ended;
b.A discussion of how the year’s investment activity compares
to the stated objectives and the budgeted amount;
c.A detailed comparison of total rate of return with other
benchmarks. Benchmarks for comparison may include: the
Minnesota Municipal Money Market fund; other state
investment pools that have similar investment restrictions;
treasury bill rates that are indicative of a strictly passive
investment strategy; performance indexes, as set forth in the
Government Finance Officers’ monthly publication of the
Public Investor (e.g. the 10 bill index); or any other index that
may be deemed appropriate;
d.A discussion of the outlook for interest rates and the economic
trend for the upcoming year, investment strategies to be
implemented and budgetary expectations for investment
income.
N.Investment Committee
The City Council may appoint an investment committee to serve at its pleasure.
The mission of the committee shall be to monitor the City’s investment portfolio
and make recommendations to the Finance Director and City Manager. The
committee shall consist of five members defined as follows: the City Finance
Director, the City Manager, two City Council members, and one member of the
community who has a background in public finance and no financial connection
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with the City. The Finance Director shall serve as the facilitator of the committee.
The committee shall meet as often as itseesfit, but no less than once per year
and no more than once per quarter.
O.Interest Earnings
Interest earnings will be credited to all major funds with a positive cash balance
at the end of each month, based on the average cash balances during that
month. Market value adjustments will be credited to the source of the invested
monies monthly based on the average cash balances during that month. The
City will use the average yield of the two-year Treasury note as a benchmark
for performance comparisons.
P.Conclusion
The intent of this policy is to ensure the safety of all City funds. The main goal
of the City will be to achieve a market rate of return while maintaining the safety
of its principal.
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3.RESERVES POLICY
A.Purpose
It is important for the financial stability of the City to maintain reserve funds for
unanticipated expenditures or unforeseen emergencies, as well as to provide
adequate working capital for current operating needs to avoid short-term
borrowing. The Reserve Policy of the City is managed closely with the City’s
Debt Management Policy.The City may choose to consider paying cash for
capital projects that can be anticipated and planned for in advance. Therefore
the City’s reserve levels fluctuate, in part, based on capital project plans.
In establishing an appropriate fund balance, the City needs to consider the
demands of cash flow, capital asset purchases, need for emergency reserves,
ability to manage fluctuations of major revenue sources, credit rating and long-
term fiscal health.
B.Classifications
Fund balances in governmental funds are reported in classifications that
disclose constraints for which amounts in those funds can be spent. These fund
balance classifications apply to governmental funds:
i.Nonspendable: Consists of amounts that are not in spendable form,
such as inventories and prepaid items.
ii.Restricted: Consists of amounts related to externally imposed
constraints, established by creditors, grantors or regulatory agencies.
iii.Committed: Consists of amounts that have internally imposed
constraints, established by resolution of the City Council. The committed
amounts cannot be used for any other purpose unless the Council
removes or changes the specified use by resolution of the City Council.
iv.Assigned: Consists of amounts that are intended to be used for a
specific purpose; intent can be expressed by the City Council or by a
delegate of the City Council.
v.Unassigned: Consists of the residual classification for the General Fund
and also reflects negative residual amounts in other funds.
C.Authorization
The City Council authorizes the Finance Director and/or City Manager to assign
fund balance that reflects the City’s intended use of the specified funds. When
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both restricted and unrestricted resources are available for use, it is the City’s
policy to use restricted resources first, and then use unrestricted resources as
needed. When unrestricted resources are available for use, it is the City’s policy
to use resources in the following order: 1) committed, 2) assigned, 3)
unassigned.
D.Fund Balance Policies
i.General Fund:The General Fund is established to account for all
revenues and expenditures which are not required to be accounted
for in other funds. Revenue sources include property taxes, license
and permit fees, fines and forfeits, program revenues,
intergovernmental revenues, investment earnings, and transfers in.
The General Fund’s resources finance a wide range of functions,
including the operations of general government, public safety, and
public works. The General Fund will have committed fund balances
at year end for purchase order encumbrances and budget carryovers.
The General Fund may have a portion of its fund balance classified
as nonspendable if there are long-term receivables, inventories, or
prepaid items. The General Fund is the only fund that can have any
unassigned fund balance. The City’s unassigned fund balance in the
General Fund shall be maintained at a minimum level of 40%, with a
desired level of 50%, of annual general fund operating expenditures.
ii.Special Revenue Funds:Special revenue funds are used to
account for and report the proceeds of specific revenue sources that
are restricted or committed to expenditures for specified purposes
other than debt service or capital projects. Governmental accounting
standards require that substantial inflows of revenues into a special
revenue fund be either restricted or committed in order for the fund to
be considered a special revenue fund. The City will maintain fund
balances in the Special Revenue Funds at a level which will avoid
issuing short-term debt to meet the cash flow needs of the current
operating budget.
iii.Debt Service Funds:Debt service fund balances are considered
restricted. The resources being accumulated in the funds are for
payments of principal and interest maturing in current and future
years. The City’s fund balance in the Debt Service fund shall be at a
minimum level of 50% of annual debt service expenditures. Because
the majority of annual debt service is paid on February 1 and August
1 of each year, funds must be available for payment of February 1
debt service.
iv.Capital Project Funds:Capital project fund balances are
considered restricted or committed. The resources being
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accumulated are for current and futureprojects. Capital project funds
are used to account for and report financial resources that are
restricted, committed, or assigned toexpenditures for capital assets.
The fund balances in these fundswithin the Capital Improvement
Budget vary annually based upon the timing of construction projects.
The City will maintain reserves inthe Capital Project Funds at a
minimum level sufficient to provide adequate working capital for
current expenditure needs. The maximum amount of reserves should
include the amount necessary to payfor future capital projects.
Future capital projects must be identified and quantified in a written
finance plan for the fund inthe City’s annual budget document.
v.Enterprise Funds:The City will maintain reserves in the Enterprise
Funds at a minimum level sufficient to provide adequate working
capital for current expenditure needs. Generally, the City shall strive
for a minimum of 3-months operating cash in these funds. The
maximum amount of reserves should include the amount necessary
to pay for future capital needs. Future capital projects must be
identified and quantified in a written finance plan for the fund in the
City’s annual budget document. Rates and fees in these funds will
be analyzed annually for a five year period to provide for level rate
changes. Enterprise Fund net position (equity) will be classified in
one of the following categories:
a.Net Investment in Capital Assets
The component of net position, which is the difference
between the Assets and deferred outflows of resources and
the Liabilities and deferred inflows of resources of Enterprise
Funds, that consists of capital assets less both accumulated
depreciation and the outstanding balance of debt that is
directly attributable to the acquisition, construction or
improvement of the capital assets.
b.Restricted
The component of net position that consists of assets with
constraints placed on their use by either external parties or
through constitutional provisions or enabling legislation.
c.Unrestricted
The difference between the Assets and deferred outflows of
resources and the Liabilities, deferred inflows of resources and
net position of Enterprise Funds that is not reported as net
investment in capital assets or restricted net position.
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vi.Internal Service Funds: These funds are used to allocate common
costs among the various funds and programs of the city. Deficits and
surpluses are allowed however the goal is to maintain reserves at
10% of budgeted expenditures.
vii.Stabilization Arrangements:Stabilization arrangements are
defined as setting aside amounts for use in emergency situations or
when revenue shortages or budgetary imbalances arise. The City will
set aside amounts by resolution as deemed necessary that can only
be expended when certain circumstances under which a need for
stabilization arises. The need for stabilization will only be utilized for
situations that are not expected to occur routinely.
viii.Committed Specific Revenue Sources in Special Revenue
Funds:The specific revenue source of each special revenue fund
and the specific purposes for which they are committed are as
follows, less any amounts that are classified as nonspendable or
restricted by their nature:
Special Revenue Fund Specific Revenue Sources Committed For
Charitable Gambling Tax Charitable Gambling Taxes Economic Development
Recreation Programs 100% of Fund Balance Parks and Recreation
Police Services 100% of Fund Balance Public Safety
Tree Preservation 100% of Fund Balance Public Works
Taste of Maplewood 100% of Fund Balance Economic Development
Cable Television 100% of Fund Balance Communications
Maplewood EDA 100% of Fund Balance Economic Development
The State and Federal Grants Funds are subject to externally enforceable legal
restrictions and are classified as restricted.
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4.OPERATING BUDGET POLICY
A.Purpose
The operating budget is the annual financial plan for funding the costs of City
services and programs. The general operating budget includes the General
Fund, Special Revenue Funds, and Capital Project Funds. Enterprise
operations are budgeted in separate Enterprise Funds.
B.Balanced Budget
The City Manager shall submit a balanced budget for the General Fund in which
appropriations shall not exceed the total of the estimated revenues and
available fund balance. Balanced budget is defined as a budget in which current
revenues plus net operating transfers and one-time use of excess reserves will
be sufficient to support budgeted expenditures. One-time revenues or use of
excess reserves will not be used to fund on-going expenditures. One-time
funding sources shall only be used to fund capital improvements, equipment,
one-time expenditures, or to improve fund balance. The City will provide for all
current expenditures with current revenues. The City will avoid all budgetary
procedures that balance current expenditures at the expense of meeting future
years’ budgets, such as postponing expenditures, rolling over short-term debt,
and using reserves to balance the operating budget.
C.Budget Period
The City’s budget year is the calendar year. The City legally adopts an annual
budget for the General Fund. Budgets for Special Revenue Funds, Debt
Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service
Funds are adopted for management purposes only.
D.Basis of Budgeting
The modified accrual basis will be used for all of the Governmental Funds in the
budget. The accrual basis will be used for the budgets of the Enterprise Funds.
The basis of budgeting is the same as the basis of accounting used in the City’s
audited financial statements.
E.Budget Amendment Process
Budget appropriations are by department total within the General Fund rather
than by account. Budget changes that involve the transfer of appropriations
among accounts only require the approval of the City Manager or designee.
Council approval is required for budget changes that involve a transfer of
appropriations between funds or from contingency accounts. The budget
changes can be made at any Council meeting. For budget changes that can be
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approved by the City Manageror designee, the department head must complete
a budget transfer request form on which the following is indicated: budget
transfer amount, accounts involved, purpose, justification,date approved by
department head, and department head initials. This form is submitted to the
Finance Director for review. Upon approvalby the Finance Director, a copy of
the form is given tothe department head.
F.Long-Term Financial Forecasts
The City Manager will coordinate the development of the five-year capital
improvement plan budget and ten-year outlook with the development of the
operating budget. Operating costs associated with new capital improvements
will be projected and included in future operating budget forecasts. The budget
will provide for adequate maintenance of the capital plant and equipment, and
for their orderly replacement. The impact on the operating budget from any new
programs or activities being proposed should be minimized by providing funding
with newly created revenues whenever possible.
G.Budget Form and Information
Excess revenues from a specific fiscal year will be placed into the City’s
reserves in a manner consistent with the City’s fund balance reserve policies.
The operating budget will describe the goals to be achieved and the services
and programs to be delivered for the level of funding. All unencumbered
appropriations for the City’s operating budget lapse at year end. Amounts
reserved for encumbrances are classified as assigned fund balance. Budget
carryovers from a prior fiscal year must be approved by the City Manager,
Finance Director and City Council.
H.Level of Control
The City Manager will ensure that a budgetary control system is in place to
adhere to the adopted budget. The City Manager may approve the transfer of
budget amounts between accounts within a department’s budget. City Council
approval is required for any increase in a department’s budget. The budget
changes can be made at any Council meeting. The legal level of budgetary
control is at the department level in budgeted funds.
I.Performance Measurement
The Finance Department will provide regular monthly reports comparing actual
revenues and expenditures to the budgeted amounts. Each year the City will
strive to obtain the Government Finance Officers Association Distinguished
Budget Award. The City’s annual Budget shall be made available to citizens
and the public upon request and available on the City’s website. The City shall
maintain transparency and accountability of its financial resources and assets.
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5.CAPITAL IMPROVEMENT PLAN POLICY
A.Purpose
The demand for services and the cost of building and maintaining the City’s infrastructure
continues to increase. The City cannot afford to accomplish every project or meet every
service demand. Therefore, a methodology must be employed that provides a realistic
projection of community needs, the meeting of those needs, and a framework to support
City Council prioritization of those needs. That is the broad purpose of the CIP.
B.Scope
The CIP includes the scheduling of public improvements for the community over a five-
year period and takes into account the community’s financial capabilities as well as its
goals and priorities. A “capital improvement” is defined as any major nonrecurring
expenditure for physical facilities of government. Typical expenditures are the cost of
land acquisition or interest in land, construction of roads, utilities and parks. Vehicles and
equipment can be covered in a CIP or covered separately under an equipment schedule.
The CIP is directly linked to goals and policies, land use, and community facility sections
of the Comprehensive Plan since these sections indicate general policy of development,
redevelopment, and maintenance of the community.
C.CIP Development Process
Compile and prioritize projects.Staff will consolidate and prioritize
recommended projects into the proposed Capital Improvement Plan.
Devise proposed funding sources for proposed projects. Proposed funding
sources will be clearly stated for each project.
Project and analyze total debt service related to the total debt of the City.
A debt study will be provided, summarizing the combined property tax impact
of all the existing and proposed debt.
On an annual basis, the City Council will evaluate the proposed CIP for the following:
Project Prioritization;
Funding Source Acceptability;
Acceptable Financial Impact on Tax Levy, Total Debt, and Utility Rate Levels;
The City should annually consider a variety of financing options, including
issuing equipment certificates, cash financing, tax-exempt leasing, or direct
bank investment as appropriate financing mechanisms to meet capital needs.
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6.ECONOMIC DEVELOPMENT AUTHORITY POLICY
A.Purpose
The Economic Development Authority (EDA) was created by the City Council,
who acted to appoint the members of the City council to serve as the Board of
Commissioners. Under M.S. Chapter 469, Economic Development, cities are
permitted to establish an EDA. M.S. § 469.107 gives authority to the City
Council to levy a tax up to 0.01813 percent of estimated market value in the
City. The Revenue Management Policy of the City, as included in this Financial
Management Plan, sets policy for when a tax levy may be considered. The EDA
is subject to the statutory levy limits of the City. This policy section establishes
the amount of tax levy that will be considered for the EDA.
B.Funding
The City Council may annually appropriate money to the EDA from a tax levy or
other available source. The appropriation can be equivalent to the maximum
that could be provided by a tax levy for economic development purposes. The
annual tax levy shall be set based on the amount needed when combined with
other available sources achieves the funding level set by this policy.
To provide other sources (non-tax) of funding to the EDA, the City Council shall
annually review the fund balance in the General Fund to determine whether
sufficient unreserved fund balance is available for transfer from the General
Fund to the EDA. The decision shall be made at the time the annual EDA tax
levy is established. If other sources of revenue are not available, the EDA may
request the tax levy at the maximum allowed.
C.Procedure for Using Funds
Expenditures may be made from the EDA based on the following criteria:
1.The EDA appropriates the funds as part of the annual budget, or
2.The EDA authorizes an amendment to the EDA budget outside of the
annual appropriation process.
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7.DEBT MANAGEMENT POLICY
A.Purpose
The purpose of the debt policy is to ensure that debt is used wisely and that
future financial flexibility remains relatively unconstrained. Debt is an important
mechanism to fund capital expenditures. It can reduce long-term costs due to
inflation, prevent lost opportunities, and equalize the costs of improvements to
present and future constituencies. Debt management is an integral part of the
financial management of the City. Adequate resources must be provided for
the repayment of debt, and the level of debt incurred by the City must be
effectively controlled to amounts that are manageable and within levels that will
maintain or enhance the City’s credit rating. A goal of debt management is to
stabilize the overall debt burden and future tax levy requirements to ensure that
issued debt can be repaid and prevent default on any municipal debt. A high
debt level places a financial burden on taxpayers and can create economic
problems for the community. The debt policies ensure that the City’s
outstanding debt does not weaken the City’s financial structure, provides
manageable limits on debt, and allows for the best possible credit rating.
B.Policy
Wise and prudent use of debt provides fiscal and service advantages. Overuse
of debt places a burden on the fiscal resources of the City and its taxpayers.
The following guidelines provide a framework and limit on debt utilization:
i.Conditions for Issuance
a.The City will confine long-term borrowing to capital
improvements, equipment, or projects that have a life of at
least five years and cannot be financed from current revenues.
b.Net general obligation debt will n
ot exceed the statutory limit
of 3% of the estimated market value of taxable property in the
City, as required by M.S. § 475.53.
c.The City shall use a competitive bidding process for the sale
of debt unless the use of a negotiated process is warranted
due to adverse market conditions, timing requirements, or a
unique pledge or debt structure. The City will award
competitively issued debt on the true interest cost (TIC) basis.
d.The City should strongly consider market conditions (i.e.,
interest rates, construction market) when planning for the
issuance of debt. The City should consider issuing debt, rather
than paying cash, when interest rates are lower.
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e.Debt should be structured in a manner that distributes costs
and benefits appropriately. Intergenerational equity aspects
should be considered when financing capital assets. The debt
payments should be distributed over the useful life of the asset.
f.Long-term forecasts should support the assumption that the
City will be able to repay the debt without causing financial
distress.
g.Interfund borrowing for periods of more than one year shall
only be undertaken for capital expenditures. A payment
schedule for the borrowed amounts shall be established by the
City Council. Interest charges for interfund loans utilizing tax
increment bonds will be in accordance with Minnesota
Statutes, §469.178, Subd 7.
ii.Restrictions on Debt Issuance
a.Where possible, the City will issue revenue (including general
obligation backed revenue) or other self-supporting type bonds
instead of general obligation bonds.
b.The City will not use long-term debt for current operations.
c.The City should not issue debt with a longer amortization
period than the life of the asset being financed.
d.When possible, the City should use pay-as-you-go financing
for equipment and other minor capital assets.
iii.Financial Limitations
a.The City will strive to keep the total maturity length of general
obligation bonds below 20 years and structure the bonds to
allow for retirement of at least 50% of the principal within 2/3
of the term of the bond issue.
b.Bond rating categories shall be used as a means of assessing
the City’s financial condition. The City will strive to achieve
and maintain a ratio of governmental funds debt service to
expenditures that will result in an adequate, or better than
adequate, debt and contingent liability profile rating from the
rating agencies.
c.The City will strive to limit the amount of net direct outstanding
debt at or below the range of $900 to $1,600 per capita.
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d.The City will maintain regular communications with bond rating
agencies about its financial condition and will follow a policy of
full disclosure in every financial report and bond statement.
The City will comply with Securities and Exchange
Commission (SEC) reporting requirements.
e.The City is committed to providing continuing disclosure to
certain financial and operating data and material event notices
as required by Securities and Exchange Commission (SEC)
Rule 15c2-12. The Finance Department shall be responsible
for the preparation of all disclosure documents and releases
required under Rule 15c2-12.
f.When feasible, the City will use refunding mechanisms to
reduce interest costs and evaluate the use of debt reserves to
lower overall annual debt service. Refunding of outstanding
debt shall only be considered when present value savings of
at least 3.0% of the principal amount of the refunded bonds are
produced, according to Minnesota statutes. Savings from
refundings will be distributed evenly over the life of the
refunded bonds unless special circumstances warrant a
different savings structure.
g.Retirement funds will be examined annually to ensure
adequate balances and funding progress.
h.The City should maintain the highest credit rating possible.
iv.Professional Service Providers
a.Municipal financial advisors should be selected through a
process of evaluating formal proposals every 5 years.
Selection should be based on, but not limited to, experience
with the type, size, and structure of the bonds typically issued,
ability to commit sufficient time to accomplish necessary tasks,
and lack of potential conflicts of interest.
b.Proposals for bond counsel should be solicited and considered
on an occasional or as-needed basis. Consideration should
be given to experience with municipal debt, ability to commit
sufficient time to accomplish necessary tasks, and lack of
potential conflicts of interest.
c.The City should strategically maintain good relations with
rating agencies and a positive perception in the marketplace.
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C.Conduit Debt Policy
The City of Maplewood is granted the power to issue conduit revenue bonds
and other conduit revenue obligations under Minnesota Statutes, Section
469.152-469.165, as amended, and Minnesota Statutes, Chapter 462C, as
amended. The Maplewood City Council, being aware that such financing may
prevent the emergence of blighted land, excessive unemployment and the need
for redevelopment financing from the State and Federal governments, has
expressed its support for the use of such financing but has reserved the right to
approve or reject projects on a case-by-case basis. The following criteria have
been developed as a guide for review of applications:
i.Criteria
a.The project is to be compatible with the overall development plans
and objectives of the City and neighborhood where the project is
located.
b.New businesses locating in Maplewood must show new tax base
being generated by the project.
c.Locating in areas of the City that the City wishes to develop,
redevelop, or which in any way complements any development plans
or policy of the City, will constitute a prime purpose under these
guidelines. It is also the City’s intent to assist in business expansions
or relocations within the City where it can be shown that such would
have a substantial, favorable impact on employment, tax base, or
both.
d.It is the City’s intent to assist new or existing businesses in the
acquisition of existing facilities, where such acquisition will maintain
the stability of the tax base, employment, or both.
e.The project must not put a burden on existing City services or utilities
beyond that which can be reasonably and economically
accommodated.
f.The applicant (and/or the lessee) must show sufficient equity in the
project. Applicant must provide a copies of all financing agreements
for review by the City.
g.The credit rating and method of offering conduit* bonds or notes of
the City are important considerations. The City will not entertain
applications for such financings unless (i) the debt is rated investment
grade by a nationally recognized rating agency or (ii) the debt is sold
in a private placement. Debt will be considered sold in a private
placement (i) if no advertising or solicitation of the general public
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occurs, and (ii) if the bonds are initially sold to not more than ten
purchasers (not including any underwriter or placement agent as a
purchaser) and (iii) the City receiveswritten certification from each
initial purchaser (or each underwriter or placement agent based on its
reasonable belief) that: (a) such purchaser has such knowledge and
experience in financial and business matters that it is capable of
evaluating the merits and the risksof the debt, and (b) such purchaser
is not purchasing for more thanone account or with a view to
distributing the debt. In addition, fora private placement either (a) all
bonds or notes (except for one bond ornote) must remain in minimum
denominations of not less than$100,000, with theexception of
charter schools which may have minimum denominations of $25,000
or (b) investment letters from notonly each initial purchaser, but from
any subsequent purchaser mustbe obtained which contains the
above described certifications fromthe purchasers. Any offering
material for a private placement must prominently state in effect that:
“THE CITY OF MAPLEWOOD HAS NOT ASSUMED ANY
RESPONSIBILITY TO REVIEW THIS OFFERING MATERIAL AND
HAS NO RESPONSIBILITYFOR ITS ACCURACY OR
COMPLETENESS. THE CITY HASNO FINANCIAL OBLIGATION
OF ANY NATURE WITH RESPECT TO THE OFFERED BONDS.”
Finally, to qualify as a privateplacement the financing documents
must require annual financial statements from the benefited private
party (or the ultimate provider ofcredit) to be delivered to each
investor (or a trustee).
h.*The term “conduit” refers to any type of City revenue obligation the
proceeds of which are loaned to a private party and for which the
City has no financial obligation.
i.Applications for acquisition of or replacement of machinery and
equipment will be discouraged unless in conjunction with a totally new
business in Maplewood, a physical plant expansion of an existing
business, or where it is shown that the equipment acquisition is
essential to the continued operation of the business in Maplewood.
Also, it is the City’s intent to assist where possible in the acquisition
of pollution control equipment for any new or existing business being
required to meet mandated standards.
j.A further permitted use under these guidelines are projects, whether
profit or nonprofit, engaged in providing health care services,
including hospitals, nursing homes, and related medical facilities,
when either of the following findings can be made:
Number of new jobs is increased.
The project would provide a facility or service considered
desirable or necessary by the community.
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The following procedures have been developedto facilitate the application for financing:
ii.Procedures
a.The applicant shall make an application for financing on forms
available from the Finance Department of the City of Maplewood.
The completed application is to be returned to the Finance Director,
accompanied by the processing fee, whereupon the application will
be forwarded to the City Council with a staff recommendation.
Specific findings shall be made and recited regarding the criteria as
well as satisfaction of public purposes of the applicable statutes.
b.The application cannot be considered by the City until tentative City
Code findings and requirements have been made with respect to
zoning, building plans, platting, streets and utility services.
c.The applicant is to select qualified financial consultants and/or
underwriters, as well as legal counsel, to prepare all necessary
documents and materials. The City may rely on the opinion of such
experts and the application shall be accompanied by a financial
analysis (pro forma income statement, debt service coverage,
mortgage terms, etc.) by the underwriter as to the economic
feasibility of the project and the underwriter’s ability to market the
financing. Financial material submitted is to also include most recent
fiscal year-end, audited, financial statements of the applicant and/or
of any major lessee tenant, if readily available.
d.Further, in the case of the tax exempt mortgage placements, the
applicant will be required to furnish the City, before passage of the
Final Resolution, a comfort letter (but not necessarily a letter of
commitment) from the lending institution, to the affect that said
lending institution has reviewed the economic feasibility of the
project, including the financial responsibility of the guarantors and
find that, in their professional judgment, it is an economically viable
project.
e.The applicant shall furnish along with the application, a description
of the project, plat plan, rendering of proposed building, etc., and a
brief description of the applicant company, all in such form as shall
be required at the time of application. This data, as necessary, may
be furnished to members of the City Council for background
information.
f.If an allocation of bonding authority is required under Minnesota
Statutes, Chapter 474A, as amended, the applicant shall be
required to pay any required application fee and provide any
required application deposit as specified in Chapter 474A, without
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regard to whether the application fee or application deposit will be
refunded.
g.The applicant shall covenant in the applicable conduit bond
documents to comply with all applicable requirements of the Internal
Revenue Code of 1986, as amended (the “Code”), and the
applicable Treasury Regulations, including, but not limited to: (i) the
arbitrage and rebate requirements of Section 148 of the Code; and
(ii)the qualified bonds provisions of Sections 141(e), 142, 143, 144,
and 145 of the Code. The applicant shall be the party responsible
for monitoring the conduit bonds for compliance with such
requirements and to remediate nonqualified bonds in accordance
with the requirements of the Code and applicable Treasury
Regulations. The applicant shall be the party responsible for
monitoring compliance with the requirements of Section 148 of the
Code.
h.The applicant shall covenant in the applicable conduit bond
documents to reimburse the City for all costs paid or incurred by the
City (including the fees of attorneys, financial advisors, accountants,
and other advisors) as a result of the City’s response to or
compliance with an audit, inspection, or compliance check (random
or otherwise), by the Internal Revenue Service, the Minnesota
Department of Revenue, the Minnesota Office of the State Auditor,
or any other governmental agency with respect to the conduit bonds
or the project financed with the proceeds of the conduit bonds.
The following administrative fees and provisions apply to the application for
financing:
iii.Administrative Fees and Provisions
a.The City Council reserves the right to deny any application for
financing at any stage of the proceedings prior to adopting the final
resolution authorizing issuance of the industrial development
financing. The City Council may waive any provision of this Conduit
Bonds Policy if the City Council determines that such waiver is in the
best interests of the City.
b.The City is to be reimbursed, and held harmless, for and from any
out-of-pocket costs related to the actual or proposed issuance of
conduit revenue bonds. In addition, a nonrefundable processing fee
of $2,500 must be submitted with the application. Upon closing, an
administrative fee is due and payable to the City based on the
following schedule:
On the first $20,000,000.50% of par
On portion in excess of $20,000,000 .10% of par
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c.In the case of a refinancing, the fee shall be calculated at 50% of the
above schedule. The City will be reimbursed for any technical
changes to a bond issue previously issued at 25% of the above
schedule.
d.All applications and supporting materials and documents shall remain
the property of the City. Note that all such materials may be subject
to disclosure and/or public review under applicable provisions of State
law.
e.The Finance Department shall, report all conduit debt issues in the
Comprehensive Annual Financial Report in accordance with
Generally Accepted Accounting Principles and shall report any
material events with regard to all conduit debt issued by the City, and
still outstanding, to the City Council.
f.The applicant will be responsible for providing the City any required
arbitrage reports, continuing disclosure reports, and annual financial
statements after the issuance of the debt.
D.Post-Issuance Compliance Policy for Tax-Exempt Governmental
Bonds
The City of Maplewood issues tax-exempt governmental bonds to finance
capital improvements. As an issuer of tax-exempt governmental bonds, the City
is required by the terms of Sections 103 and 141-150 of the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations
promulgated thereunder (the “Treasury Regulations”), to take certain actions
subsequent to the issuance of such bonds to ensure the continuing tax-exempt
status of such bonds. In addition, Section 6001 of the Code and Section 1.6001-
1(a) of the Treasury Regulations, impose record retention requirements on the
City with respect to its tax-exempt governmental bonds. This Post- Issuance
Compliance Procedure and Policy for Tax-Exempt Governmental Bonds (the
“Policy”) has been approved and adopted by the City to ensure that the City
complies with its post-issuance compliance obligations under applicable
provisions of the Code and Treasury Regulations.
i.Effective Date and Term. The effective date of this Policy is the date
of approval by the City Council of the City and shall remain in effect until
superseded or terminated by action of the City Council of the City. This
Policy amends and restates the Post- Issuance Compliance Procedure
and Policy for Tax-Exempt Governmental Bonds adopted by the City
Council of the City on June 10, 2012.
ii.Responsible Parties. The Finance Director of the City shall be the party
primarily responsible for ensuring that the City successfully carries out
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its post-issuance compliance requirements under applicable provisions
of the Code and Treasury Regulations. The FinanceDirector will be
assisted bythe staff of the FinanceDepartment of the City and by other
City staff and officialswhen appropriate. The Finance Director of the
City will also be assisted in carrying out post-issuance compliance
requirements by the following organizations:
a.Bond Counsel (the law firm primarily responsible for providing
bond counsel services for the City);
b.Municipal Advisor (the organization primarily responsible for
providing financial advisor services to the City);
c.Paying Agent (the person, organization, or City officer
primarily responsible for providing paying agent services for
the City); and
d.Rebate Analyst (the organization primarily responsible for
providing rebate analyst services for the City).
The Finance Director shall be responsible for assigning post-issuance
compliance responsibilities to members of the Finance Department,
other staff of the City, Bond Counsel, Paying Agent, and Rebate Analyst.
The Finance Director shall utilize such other professional service
organizations as are necessary to ensure compliance with the post-
issuance compliance requirements of the City. The Finance Director shall
provide training and educational resources to City staff who are
responsible for ensuring compliance with any portion of the post-
issuance compliance requirements of this Policy.
iii.Post-Issuance Compliance Actions. The Finance Director shall
take the following post- issuance compliance actions or shall verify
that the following post-issuance compliance actions have been
taken on behalf of the City with respect to each issue of tax-
exempt governmental bonds issued by the City:
a.The Finance Director shall prepare a transcript of principal
documents (this action will be the primary responsibility of
Bond Counsel).
b.The Finance Director shall file with the Internal Revenue
Service (the “IRS”), within the time limit imposed by Section
149(e) of the Code and applicable Treasury Regulations, an
Information Return for Tax-Exempt Governmental
Obligations, Form 8038-G (this action will be the primary
responsibility of Bond Counsel).
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c.The Finance Director shall prepare an “allocation
memorandum” for each issue of tax-exempt governmental
bonds in accordance with the provisions of Treasury
Regulations, Section 1.148-6(d)(1), that accounts for the
allocation of the proceeds of the tax-exempt bonds to
expenditures not later than the earlier of:
eighteen (18) months after the later of (A) the date the
expenditure is paid, or (B) the date the project, if any,
that is financed by the tax-exempt bond issue is placed
in service; or
the date sixty (60) days after the earlier of (A) the fifth
anniversary of the issue date of the tax-exempt bond
issue, or (B) the date sixty (60) days after the retirement
of the tax-exempt bond issue.
Preparation of the allocation memorandum will be the primary
responsibility of the Finance Director (in consultation with the
Municipal Advisor and Bond Counsel).
d.The Finance Director, in consultation with Bond Counsel, shall
identify proceeds of tax-exempt governmental bonds that must
be yield-restricted and shall monitor the investments of any
yield-restricted funds to ensure that the yield on such
investments does not exceed the yield to which such
investments are restricted.
e.In consultation with Bond Counsel, the Finance Director shall
determine whether the City is subject to the rebate
requirements of Section 148(f) of the Code with respect to
each issue of tax-exempt governmental bonds. In consultation
with Bond Counsel, the Finance Director shall determine, with
respect to each issue of tax-exempt governmental bonds of
the City, whether the City is eligible for any of the temporary
periods for unrestricted investments and is eligible for any of
the spending exceptions to the rebate requirements. The
Finance Director shall contact the Rebate Analyst (and, if
appropriate, Bond Counsel) prior to the fifth anniversary of the
date of issuance of each issue of tax-exempt governmental
bonds of the City and each fifth anniversary thereafter to
arrange for calculations of the rebate requirements with
respect to such tax-exempt governmental bonds. If a rebate
payment is required to be paid by the City, the Finance Director
shall prepare or cause to be prepared the Arbitrage Rebate,
Yield Reduction and Penalty in Lieu of Arbitrage Rebate, Form
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8038-T, and submit such Form8038-T to the IRS with the required
rebate payment. If the City is authorized to recover a
rebate payment previously paid,the Finance Director shall
prepare or cause to be preparedthe Request for Recovery of
Overpayments Under Arbitrage Rebate Provisions, Form
8038-R, with respect to such rebate recovery, and submit such
Form 8038-R to the IRS.
iv.Procedures for Monitoring, Verification, and Inspections. The
Finance Director shall institute such procedures as the Finance
Director shall deem necessary and appropriate to monitor the use of
the proceeds of tax-exempt governmental bonds issued by the City,
to verify that certain post-issuance compliance actions have been
taken by the City, and to provide for the inspection of the facilities
financed with the proceeds of such bonds. At a minimum, the Finance
Director shall establish the following procedures:
a.The Finance Director shall monitor the use of the proceeds of tax-
exempt governmental bonds to: (i) ensure compliance with the
expenditure and investment requirements under the temporary
period provisions set forth in Treasury Regulations, Section 1.148-
2(e); (ii) ensure compliance with the safe harbor restrictions on the
acquisition of investments set forth in Treasury Regulations,
Section 1.148-5(d); (iii) ensure that the investments of any yield-
restricted funds do not exceed the yield to which such investments
are restricted; and (iv) determine whether there has been
compliance with the spend-down requirements under the
spending exceptions to the rebate requirements set forth in
Treasury Regulations, Section 1.148-7.
b.The Finance Director shall monitor the use of all bond-financed
facilities in order to: (i) determine whether private business uses
of bond-financed facilities have exceeded the de minimus limits
set forth in Section 141(b) of the Code as a result of leases and
subleases, licenses, management contracts, research contracts,
naming rights agreements, or other arrangements that provide
special legal entitlements to nongovernmental persons; and (ii)
determine whether private security or payments that exceed the
de minimus limits set forth in Section 141(b) of the Code have
been provided by nongovernmental persons with respect to such
bond-financed facilities. The Finance Director shall provide
training and educational resources to any City staff who have the
primary responsibility for the operation, maintenance, or
inspection of bond-financed facilities with regard to the limitations
on the private business use of bond-financed facilities and as to
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the limitations on the private security or payments with respect to
bond-financed facilities.
c.The Finance Director shall undertake the following with respect to
each outstanding issue of tax-exempt governmental bonds of the
City: (i) an annual review of the books and records maintained by
the City with respect to such bonds; and (ii) an annual physical
inspection of the facilities financed with the proceeds of such
bonds, conducted by the Finance Director with the assistance with
any City staff who have the primary responsibility for the
operation, maintenance, or inspection of such bond-financed
facilities.
v.Record Retention Requirements. The Finance Director shall collect
and retain the following records with respect to each issue of tax-
exempt governmental bonds of the City and with respect to the
facilities financed with the proceeds of such bonds: (i) audited
financial statements of the City; (ii) appraisals, demand surveys, or
feasibility studies with respect to the facilities to be financed with the
proceeds of such bonds; (iii) publications, brochures, and newspaper
articles related to the bond financing; (iv) trustee or paying agent
statements; (v) records of all investments and the gains (or losses)
from such investments; (vi) paying agent or trustee statements
regarding investments and investment earnings; (vii) reimbursement
resolutions and expenditures reimbursed with the proceeds of such
bonds; (viii) allocations of proceeds to expenditures (including costs
of issuance) and the dates and amounts of such expenditures
(including requisitions, draw schedules, draw requests, invoices, bills,
and cancelled checks with respect to such expenditures); (ix)
contracts entered into for the construction, renovation, or purchase of
bond-financed facilities; (x) an asset list or schedule of all bond-
financed depreciable property and any depreciation schedules with
respect to such assets or property; (xi) records of the purchases and
sales of bond-financed assets; (xii) private business uses of bond-
financed facilities that arise subsequent to the date of issue through
leases and subleases, licenses, management contracts, research
contracts, naming rights agreements, or other arrangements that
provide special legal entitlements to nongovernmental persons and
copies of any such agreements or instruments; (xiii) arbitrage rebate
reports and records of rebate and yield reduction payments; (xiv)
resolutions or other actions taken by the governing body subsequent
to the date of issue with respect to such bonds; (xv) formal elections
authorized by the Code or Treasury Regulations that are taken with
respect to such bonds; (xvi) relevant correspondence, including
letters, faxes or emails, relating to such bonds; (xvii) documents
related to guaranteed investment contracts or certificates of deposit,
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credit enhancement transactions,and financial derivatives entered
into subsequent to the date of issue; (xviii) biddingof financial
products for investment securities;(xix) copies of all Form 8038- Ts,
Form 8038-Rs, and Form 8038-CPs filed with the IRS and any other
forms or documents filed with theIRS; (xx) the transcript prepared
with respect to such tax-exemptgovernmental bonds, including but
not limited to (a) official statements, private placement documents, or
other offering documents, (b) minutes and resolutions, orders, or
ordinancesor other similar authorization for the issuance of such
bonds, and (c) certification of the issue price of such bonds; and (xxi)
documents related to governmentgrants associated with the
construction, renovation, or purchase of bond-financed facilities.
The records collected by the Finance Director shall be stored in any format
deemed appropriate by the Finance Director and shall be retained for a
period equal to the life of the tax-exempt governmental bonds with respect
to which the records are collected (which shall include the life of any bonds
issued to refund any portion of such tax-exempt governmental bonds or to
refund any refunding bonds) plus three (3) years. The Finance Director
shall also collect and retain reports of any IRS examination of the City or
any of its bond financings.
vi.Remedies. In consultation with Bond Counsel, the Finance Director
shall become acquainted with the remedial actions (including
redemption or defeasance) under Treasury Regulations, Section
1.141-12, to be utilized in the event that private business use of bond-
financed facilities exceeds the de minimus limits under Section
141(b)(1) of the Code. In consultation with Bond Counsel, the Finance
Director shall become acquainted with the Tax Exempt Bonds
Voluntary Closing Agreement Program described in Notice 2008-31,
2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct
any post-issuance infractions of the Code and Treasury Regulations
with respect to outstanding tax-exempt bonds.
vii.Continuing Disclosure Obligations. In addition to its post-issuance
compliance requirements under applicable provisions of the Code
and Treasury Regulations, the City has agreed to provide continuing
disclosure, such as annual financial information and material event
notices, pursuant to a continuing disclosure certificate or similar
document (the “Continuing Disclosure Document”) prepared by Bond
Counsel and made a part of the transcript with respect to each issue
of bonds of the City that is subject to such continuing disclosure
requirements. The Continuing Disclosure Documents are executed
by the City to assist the underwriters of the City’s bonds in meeting
their obligations under Securities and Exchange Commission
Regulation, 17 C.F.R. Section 240.15c2-12, as in effect and
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interpreted form timeto time(“Rule 15c2-12”).The continuing
disclosure obligationsof the City are governed by the Continuing
Disclosure Documents and by the terms of Rule 15c2-12. The
Finance Director is primarily responsible for undertaking such
continuing disclosure obligations and to monitor compliance with such
obligations.
viii.Other Post-Issuance Actions. If, in consultation with Bond Counsel,
Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager,
the City Attorney, or the City Council, the Finance Director determines
that any additional action not identified in this Policy must be taken by
the Finance Director to ensure the continuing tax-exempt status of
any issue of governmental bonds of the City, the Finance Director
shall take such action if the Finance Director has the authority to do
so. If, after consultation with Bond Counsel, Municipal Advisor,
Paying Agent, Rebate Analyst, the City Manager, the City Attorney,
or the City Council, the Finance Director and the City Manager
determine that this Policy must be amended or supplemented to
ensure the continuing tax-exempt status of any issue of governmental
bonds of the City, the City Manager shall recommend to the City
Council that this Policy be so amended or supplemented.
ix.Taxable Governmental Bonds. Most of the provisions of this Policy,
other than the provisions of Section 7, are not applicable to
governmental bonds the interest on which is includable in gross
income for federal income tax purposes. On the other hand, if an
issue of taxable governmental bonds is later refunded with the
proceeds of an issue of tax-exempt governmental refunding bonds,
then the uses of the proceeds of the taxable governmental bonds and
the uses of the facilities financed with the proceeds of the taxable
governmental bonds will be relevant to the tax-exempt status of the
governmental refunding bonds. Therefore, if there is any reasonable
possibility that an issue of taxable governmental bonds may be
refunded, in whole or in part, with the proceeds of an issue of tax-
exempt governmental bonds then, for purposes of this Policy, the
Finance Director shall treat the issue of taxable governmental bonds
as if such issue were an issue of tax-exempt governmental bonds and
shall carry out and comply with the requirements of this Policy with
respect to such taxable governmental bonds. The Finance Director
shall seek the advice of Bond Counsel as to whether there is any
reasonable possibility of issuing tax-exempt governmental bonds to
refund an issue of taxable governmental bonds.
x.Qualified 501(c)(3) Bonds. If the City issues bonds to finance a
facility to be owned by the City but which may be used, in whole or in
substantial part, by a nongovernmental organization that is exempt
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from federal income taxation underSection 501(a) of the Code as a
result of the application of Section 501(c)(3) of the Code (a “501(c)(3)
Organization”), the City may electto issue the bonds as “qualified
501(c)(3) bonds” the interest on which is exempt from federal income
taxation under Sections 103 and 145 of the Code and applicable
Treasury Regulations. Although such qualified 501(c)(3) bonds are
not governmental bonds, at the election of the Finance Director, for
purposes of this Policy,the Finance Director shall treat such issue of
qualified 501(c)(3) bonds as if suchissue were an issue of tax-exempt
governmental bonds and shall carry out and comply with the
requirements of this Policy with respect to such qualified 501(c)(3)
bonds.
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8.ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
POLICY
A.Purpose
The key to effective financial management is to provide accurate, current, and
meaningful information about the City’s operations to guide decision making and
enhance and protect the City’s financial position.
B.Policy
i.The City’s accounting system will maintain records on a basis consistent
with generally accepted accounting standards (GAAP) and principles for
local government accounting as set forth by the Government Accounting
Standards Board (GASB) and in conformance with the State Auditor’s
requirements per State Statutes. This allows for the modified accrual
basis of accounting for populations exceeding 2,500, or cash basis for
smaller communities.
ii.The City will establish and maintain a high standard of accounting
practices.
iii.The City will follow a policy of full disclosure written in clear and
understandable language in all reports on its financial condition.
iv.The Finance Department will provide timely monthly and annual financial
reports to users.
v.An independent public accounting firm will perform an annual audit and
issue an opinion on the City’s financial statements.
vi.Annually the City Council and staff will meet with the Auditors to review
the audit report.
vii.Periodic financial reports on budget performance will be provided to the
City Council monthly.
viii.The City shall annually submit the Comprehensive Annual Financial
Report (CAFR) to the Government Finance Officers Association (GFOA)
for the purpose of earning the Certificate of Achievement for Excellence
in Financial Reporting.
ix.The City’s CAFR shall be made available to citizens and the general
public upon request and on the City’s website. The City shall strive to
maintain full transparency and accountability of all of its financial
resources and assets.
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x.The City Council may appoint an audit committee for the purpose of
providing independent review and oversight of the City’s financial
reporting processes, framework of internal control, and independent
auditors. The Committee will consist of the City Manager, Finance
Director, and two members of the City Council. The Committee will
establish guidelines for operation and scope of work.
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9.RISK MANAGEMENT POLICY
A.Purpose
A comprehensive risk management plan seeks to manage the risks of loss
encountered in the everyday operations of an organization. Risk management
involves such key components as risk avoidance, risk reduction, risk
assumption, and risk transfers through the purchase of insurance. The purpose
of establishing a risk management policy is to help maintain the integrity and
financial stability of the City, protect its employees from injury, and reduce
overall costs of operations.
B.Policy
i.The City will maintain a risk management program that minimizes the
impact of legal liabilities, natural disasters or other emergencies through
the following activities:
a.Loss prevention - prevent losses where possible.
b.Loss control - reduce or mitigate losses.
c.Loss financing - provide a means to finance losses.
d.Loss information management - collect and analyze data to make
prudent prevention, control and financing decisions.
ii.The City will review and analyze all areas of risk in order to, whenever
possible, avoid and reduce risks or transfer risks to other entities. Of the
risks that must be retained, it shall be the policy to fund the risks which
the City can afford and transfer all other risks to insurers.
iii.The City will maintain an active safety committee comprised of City
employees.
iv.The City will periodically conduct educational safety and risk avoidance
programs within its various divisions.
v.The City will, on an ongoing basis, analyze the feasibility of self-funding
and other cooperative funding options in lieu of purchasing outside
insurance in order to provide the most cost-effective coverage.
vi.The Finance Director will maintain effective internal control policies
designed to help safeguard the City’s assets.
vii.Staff will report to the Council annually on the results of the City’s risk
management program for the preceding year.
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10.GRANT MANAGEMENT POLICY
A.Policy
i.The City will aggressively pursue all available grant opportunities. Each
grant shall be evaluated on the long-term financial impact to the City.
The City will only accept grants for one-time or capital items or when the
continued funding of the program can be incorporated into the City’s
future budgets.
ii.All grants and other federal and state funds shall be managed to comply
with the laws, regulations, and guidance of the grantor.
iii.The wishes and instructions of the donor will be strongly considered
when managing and expending gifts and donation.
iv.The Finance Department must be notified of all grant applications prior
to submission of the grant application. The Finance Department must
also be notified of all related requests for reimbursement at the time of
request.
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11.PUBLIC PURPOSE EXPENDITURE POLICY
A.Purpose
The City Council recognizes that public funds may only be spent if the
expenditure meets a public purpose and the expenditure relates to the
governmental purpose for which the City of Maplewood was created.
The meaning of “public purpose” is constantly evolving. The Minnesota
Supreme Court has followed a broad approach and has generally concluded
that “public purpose” means an activity that meets ALL of the following
standards:
The activity will primarily benefit the community as a body.
The activity is directly related to functions of government.
The activity does not have as its primary objective the benefit of a
private interest whether profit or not-for-profit.
This policy is intended to provide guidelines regarding which expenditures
are for public purposes and authorized in accordance with the City’s annual
budget process, and which expenditures are not considered to fall within the
public purpose definition and are therefore not allowed. There is a public
benefit in ensuring high employee productivity and morale.
B.Responsibility
The City Manager is the responsible authority overseeing all City
expenditures and as such is the chief purchasing agent for the City.
Respons
ibility for administering this Public Purpose Expenditure Policy has
been delegated to the Finance Department. Further, all officers and
employees authorized by their Department to make purchases for the benefit
of their respective departments are responsible for complying with this policy
and corresponding procedures.
C.Policy
Expenditures of public funds must comply with the public purpose standards
defined above. When reviewing an expenditure to verify the standards have
been met, the City Manager, or his/her designee, should consider the time
of day the event is held, the business purpose of the event, whether the
event was intended to attract non-City employees, the frequency of the
event, and the reasonableness of the cost. The following guidelines address
specific examples of public expenditures, but examples are not meant to be
all-inclusive.
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i.Examples of Permitted Expenditures for Meals and
Refreshments
Use of City funds in reasonable amounts for meals and/or
refreshments for elected and appointed city officials and employees
are permitted in the following circumstances, with Department Head
approval:
City-sponsored events of a community-wide interest where staff
th
are required to be present (e.g., 4 of July Festival, National Night
Out, Citizens Police Academy).City council, boards and
commissions meetings held during or adjacent to a meal hour.
Meetings related to City business at which the attendees include
non-city representatives.
Professional association meetings, conferences and training
when meals are included as part of the registration or program
fee, or in accordance with the travel policy.
Election judge training meetings.
Annual employee recognition and appreciation events (e.g.,
service awards, de minimis food and beverage, employee
Christmas breakfast.
Annual recognition events for volunteer and non-employees (e.g.,
annual fire department banquet and volunteer appreciation lunch).
Fire department meetings and in-house training sessions.
Multi-departmental meetings scheduled during or adjacent to a
meal hour when no other meeting time is available.
Work activities requiring continuous service when it is not possible
to break for meals (e.g., election days, water main breaks,
emergency snow removal, time-sensitive public safety
responses).
Healthy snacks and incentives of moderate value provided to
attendees of safety, health, and wellness programs for City
employees.
Events recognizing completion of a significant work-related
project (City Manager approval required).
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ii.Examples of Other Permitted Expenditures
Up to $100 may be used toward a retirement or farewell
recognition event when an employee retires or resigns after a
minimum of 10 years with the City. The funds may be used for a
cake, beverages, decorations, and a plaque. The funds may not
be used for a gift.
Uniforms, clothing or apparel that is considered necessary for
safety or for visible staff recognition by the public (e.g. safety
footwear and eyewear for maintenance personnel, shirts
purchased to identify staff leadership status at events).
Staff time and equipment use for city sponsored employee events
as approved by City Council and/or City Manager as allowed by
state statute (e.g. set-up for annual employee picnic).
City expenditures for non-profit organizations allowed by state
statute.
iii.Prohibited Expenditures
Use of City funds for meals and/or refreshments for elected and
appointed City officials and employees are prohibited:
Food and refreshments for routine work meetings.
Alcoholic beverages.
Employee functions or celebrations that are solely social in nature
(e.g., birthdays, holiday luncheon, ice cream social).
Fundraisers for non-City related events (e.g., Chamber of
Commerce).
Participation in optional activities unless included as part of an
overall conference registration fee (e.g. optional golf rounds,
sporting events, concerts).
Employee-sponsored fundraising events (e.g., charitable giving
campaign).
For funeral flower arrangements upon death of an employee,
elected official, or one of their immediate family members.
Clothing or apparel that is not considered necessary for safety or
for visible staff recognition by the public (e.g. sweatshirts for a job
well done, departmental shirts given to staff to promote team
spirit).
Employee coffee, supplies, kitchen utensils, and coffee services.
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iv.Permitted Use of Assets
Specific City assets such as equipment may be used by City
employees for personal reasons only when City management has
established the following:
Costs and wear resulting from use of the assets are reasonable
and minimized.
Administrative controls are in place to ensure that the use is
appropriate and not abused.
There is a documented/demonstrated City benefit by such usage
(e.g. such as the Mobile Device Policy or Information Security
Policy) as approved by the City Manager.
Such permitted use may include:
Incidental and de minimis use of City-owned electronic equipment
such as City-owned mobile devices, tablets, copiers, etc. as
specifically covered under other City policies.
Incidental and de minimis use of non-motorized tools, such as
hammers and wrenches.
v.Prohibited Use of Assets
Examples of use of City assets for personal use is prohibited in the
following circumstances:
City employees washing personal autos at the public works facility
car wash.
Employees borrowing City-owned non-motorized or motorized
tools for personal use.
vi.Documentation
All expenses allowed above must be fully documented. The expected
documentation will include: date and time of the event, business
reason for the event (agenda from a meeting is sufficient), staff and
non-city representatives in attendance, and a receipt for the actual
purchase. Supervisor approval and written documentation is required
for use of City assets. Failure to provide sufficient documentation may
result in a denial of the expense.
Any expenditure for meals or refreshments that exceeds $250 for one
event must have prior, written authorization by the Department Head,
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before the purchase is made. Any expenditure for meals or
refreshments that exceeds $500 for one event must have prior,
written authorization bythe City Manager, before the purchase is
made. Failure to obtain the necessary authorization may result in
denial of the claim.
vii.Special Requests
From time to time, there may be an event that is a proper public
expenditure, but that is not contemplated by the policy above.
Departments may submit to the City Manager, or the City Manager’s
designee, a request for such a public expenditure in writing. This
request must show how the expenditure is related to a public purpose
as stated in the Purpose section above. Only expenditures that meet
all of the findings in the Purpose section above may be approved.
viii.Periodic Review
This policy shall be reviewed at least once every five years by the City
Manager or designee.
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12.CAPITAL ASSETS POLICY
A.Purpose
It is essential for financial reporting and cost accounting purposes that City
departments follow a uniform policy for capitalizing expenditures. Capital
expenditures are used to acquire assets or improve the useful life of existing
assets. The purpose of the capital assets policy is provide a plan for the
replacement and purchase of capital assets without significantly impacting the
annual property tax levy.
B.Capitalization Thresholds
The City will maintain a schedule of individual capital assets with values in
excess of the amounts shown below and an estimated useful life of greater than
two years:
Asset Type Threshold
Land and land improvements Always
Construction in Progress Always
Easements$ 50,000
Buildings and building improvements $ 50,000
Infrastructure$100,000
Machinery and Equipment $ 5,000
Intangible Assets $ 50,000
Capital assets purchased through the issuance of debt should be capitalized
and depreciated over their estimated useful life, regardless of cost.
C.Recording Capital Assets
Capital assets should be recorded and reported at historical cost. When the
historical cost of a capital asset is not practicably determinable, the estimated
historical cost of the asset should be determined by appropriate methods.
Estimated historical cost should be identified in the records, including the basis
of determination. Donated capital assets should be recorded at fair value at the
time of acquisition.
D.Contributed (Donated) Capital
Acceptance of contributions of capital assets shall be in accordance with
applicable Minnesota Statutes and shall be approved by the City Council.
Contributed capital assets should be recorded and depreciated in the same
manner as all other capital assets. In addition, capital assets acquired through
contribution from an outside source should be identified in the records of the
City, including documentation of the actual or estimated value and the basis of
determination. For financial reporting purposes, depreciation for contributed
capital shall be recorded separately from depreciation on other capital assets.
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E.Intangible Assets
Intangible assets possess three characteristics:
Lack of physical substance,
Initial useful life in excess of one year, and
Nonfinancial in nature.
Examples of intangible assets include easements, land use rights, patents,
trademarks, copyrights, or software that is purchased, licensed or internally
generated.
An intangible asset should be recognized in the statement of net position only if
it is identifiable. This means that the asset can either be:
Sold, transferred, licensed, rented or exchanged, or
Arose from contractual or other legal rights, regardless of whether those
rights are transferable or separable.
Donated intangible assets should be recorded at the fair market value as of the
donation acceptance date.
F.Improvements
The City will maintain its assets to protect its capital investment and to minimize
future capital expenditures.
Capital asset improvement costs should be capitalized if:
The costs exceed the capitalization threshold, and
One of the following criteria is met:
The value of the asset or estimated life in increased by 25% of the
original cost or life period, or
The cost results in an increase in the capacity of the asset, or
The efficiency of the asset is increased by more than 10% of its
current value.
Otherwise the cost should be classified as a repair and maintenance expense
under the appropriate department and expense category.
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G.Depreciating Capital Assets
Capital assets will be depreciated over their estimated useful lives unless they
are:
Inexhaustible (i.e., land and land improvements, certain works of art and
historical treasures, or
Construction work in progress.
For financial reporting purposes, the straight-line method will be used to
calculate depreciation with no salvage value. No depreciation will be taken in
the year of acquisition and a full year of depreciation will be taken in the year of
retirement.
For depreciation purposes, the following guidelines will be used to estimate the
useful life of the asset:
Buildings and Building Improvements Useful Life
Buildings – wood frame 30 years
Buildings – brick/block 50 years
Buildings – temporary/portable 20 years
Roofing20years
Siding20years
HVAC/Plumbing/Electrical systems 20 years
Fire suppression systems 10 years
Security systems 10 years
Cabling10years
Flooring10years
Elevators20years
Windows15years
Infrastructure Useful Life
Streets, including curb and gutter 30 years
Storm drain systems 30 years
Parking lots 25 years
Sidewalks25years
Pedestrian bridges 25 years
Dams40years
Paved trails 25 years
Street lights 25 years
Water/Sewer mains and lines 50 years
Water storage facilities 50 years
Water supply facilities 40 years
Lift stations 30 years
Other Improvements Useful Life
Fencing and gates 10 years
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Outside sprinkler systems20 years
Athletic fields, bleachers 25 years
Septic systems 20 years
Swimming pools 20 years
Tennis and basketball courts 25 years
Fountains20years
Retaining walls 20 years
Outdoor lighting 20 years
Monuments10years
Traffic signals 20 years
Light poles 20 years
Landscaping and trees 20 years
Boat launch pads 25 years
Equipment, Machinery and Vehicles Useful Life
Appliances5years
Audio/Visual equipment 5 years
Business machines/office equipment 5 years
Radio and communications equipment 5 years
Computer equipment/software 3 years
Furniture and cabinets 10 years
Water softeners/heaters 5 years
Grounds equipment – mowers, etc. 3 years
Machinery7years
Tools5years
Playground equipment 10 years
Photocopiers3years
ATV’s and snowmobiles 3 years
Motor vehicles – cars, light trucks 5 years
Light equipment 5 years
Street sweeper 5 years
Heavy trucks 10 years
Heavy equipment – loaders, graders 10 years
H.Historical Treasures and Works of Art
Historical treasures and works of art are items which are considered
inexhaustible and held for public exhibition, educational purposes, or research
in enhancement of public service instead of financial gain. Examples are
paintings, sculptures, photography, maps, manuscripts, musical instruments,
recordings, film, furnishings, artifacts, tools, weapons, and other memorabilia.
These items are generally considered inexhaustible and are, therefore, not
depreciated.
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13.PROCUREMENT POLICY
INTRODUCTION
The purchasing procedures are important because they:
1.Ensure purchases conform to legal requirements;
2.Prevent expenditures from exceeding the budget;
3.Provide proper documentation for purchases;
4.Prevent payment for items not received;
5.Ensure accurate accounting;
6.Provide payment of all bills within 35 days of receipt; and
7.Prevent duplicate payments on the same invoice.
All purchasing by local government units is regulated by State law. Because of these laws and
because of the unique nature of budget and tax levy procedures for funding City government, all
City employees must conform to these purchasing policies and procedures. The Finance
Department will review and approve all purchases and employee reimbursements and will ensure
that all purchases and payments are legal, properly coded, and well documented.
If the purchase is over $30,000 Council approval is required prior to the purchase. However,
Council approval is not required on purchases over $30,000 for postage, ATM funds, regular
utility bills, insurance premiums, payments due to other units of government or payments
required to be made before the next regular meeting of the Council to avoid endangering
public safety, damaging public or private property, or interrupting City services.
Itemsunder $30,000 (materials, supplies, and equipment for day-to-day use) must be purchased
at the best price available subject to appropriate guidelines and procedures. A minimum of two
verbal quotations should be obtained whenever possible on purchases of $10,000 to $19,999
and a minimum of two written quotations should be obtained whenever possible on purchases
of $20,000 to $29,999.
All purchases totaling $30,000 to $49,999 require two written quotations from prospective
vendors.The City Manager or designee must approve the purchase prior to obtaining City
Council approval. These written quotations must be attached to a requisition (or payment
authorization form) which is submitted to the Finance.
For purchases between $50,000 and $99,999, the City Manager or designee will determine if
the purchase will need to be made on a formal bid basis and meet all procedural
requirements or if it will require two or more written quotations from prospective vendors.
All purchases of merchandise, materials, equipment, and repair or maintenance services totaling
$100,000 or more (except emergency purchases and purchases made using cooperative
purchasing) must be purchased on a formal bid basis and meet all procedural requirements.
The Council must approve all bid awards.
All purchases must be handled through use of appropriate procedures and forms.
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PROCEDURES FOR PURCHASES UNDER $30,000
Generally, these purchases will be of materials, supplies, and equipment for day-to-day use.
Purchases of food including meals, snacks and beverages for city employees is not allowed for
department meetings or in-house training sessions unless there is a speaker or trainer who is not
a city employee. Excluded from this limitation are purchases of food for (a) City Council meetings
held at meal time, (b) employee recognition events such as the employee Christmas breakfast
and city employee picnic/social event/holiday event, (c) training of election judges, (d) Fire
Department meetings and in-house training sessions or (e) as approved in advance by the City
Manager.
The City of Maplewood may contribute up to $100 toward a retirement or farewell recognition
event when an employee retires or resigns after a minimum of 10 years with the City. The money
may be used for a cake, beverages, decoration and a plaque of appreciation for the promotion of
the City. The money may not be used for a gift. Gifts must be paid for by contributions by other
employees. Individual departments are responsible for organizing and communicating farewell or
retirement parties. The expense will be charged to the Administrative Division of the department
in which the person was employed.
Only one verbal quotation is required; however, the purchase is to be at the
best possible price. These purchases should be processed on a VISA
purchasing card whenever possible. If the vendor will not accept a purchasing
< $10,000 card, then it should be processed on a Payment Authorization form unless a
purchase order is required, in which case a requisition is prepared. The form
must be signed by an authorized purchaser with the appropriate purchase
limits.
Verbal quotations should be obtained from at least two possible vendors and
$10,000
those quotations should be listed on the Payment Authorization or requisition
to
which is submitted for approval. The form must be signed by an authorized
$19,999
purchaser with the appropriate purchase limits.
A minimum of two written quotations should be obtained whenever possible
$20,000
and attached to the appropriate forms which are submitted for approval. The
to
form must be signed by an authorized purchaser with the appropriate purchase
$29,999
limits.
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PROCEDURES FOR PURCHASES FROM $30,000 TO $49,999
1.Prior to the purchase, approval must be obtained from the City Manager or his/her designee.
2.Obtain quotations by supplying prospective vendors with a description or specifications of the
merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written
quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot
be obtained, an explanation must be included as to the reason for only one bid.
3.If the purchase is over $30,000 Council approval is required before the purchase can be made.
To obtain Council approval, an agenda report must be prepared and submitted to the City
Council. For details on this procedure, see your department head or supervisor.
4.Prepare the requisition form according to the requisition form procedures if the transaction is
not eligib
le for processing on a payment authorization form. The quotations are to be attached
to the requisition or payment authorization form and be maintained as part of the City's
records.
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PROCEDURES FOR PURCHASES FROM $50,000 TO $99,999
The City Manager or his/her designee will make the determination if the purchase needs to
be made on a formal bid basis or if the purchase can be made by obtaining a minimum of two
written quotations.
If two or more written quotations are required:
1.Obtain quotations by supplying prospective vendors with a description or specifications of the
merchandise, materials, equipment, or services to be purchased. A minimum of two (2) written
quotations, whenever possible, shall be supplied for such purchases. If two quotations cannot
be obtained, an explanation must be included as to the reason for only one bid.
If the purchase is over $30,000 Council approval is required before the purchase can be made.
2.
To obtain Council approval, an agenda report must be prepared and submitted to the City
Council. For details on this procedure, see your department head or supervisor.
3.Prepare the requisition form according to the requisition form procedures if the transaction is
not eligible for processing on a payment authorization form. The quotations are to be attached
to the requisition or payment authorization form and be maintained as part of the City's
records.
If a formal bid basis is required:
1.It is the responsibility of the requesting department to prepare specifications. After
specifications have been prepared, they shall be submitted to the City Manager for approval.
No advertisement for bids shall be published until specifications are approved by the City
Manager.
2.Advertisement in the official local newspaper (and other publications if appropriate) at least
ten (10) days in advance of bid opening is required. The City may use its web site or a
recognized industry trade journal as an alternative method to disseminate solicitations of bids,
requests for information, and requests for proposals if certain steps are followed to designate
the method (MN Stat. 331A.03, subd. 3).
3.Time must be allowed between the date of bid opening and bid award to permit examination
and tabulation of bids and submission of recommendation to the City Manager and Council.
y
4.Council award of bid. The Council may wish to table an award on a difficult matter, thereb
delaying the purchase. Therefore, careful consideration must be given to the complexity of an
item and thorough information must be provided.
5.Once the Council has awarded the bid, a requisition form must be prepared by the department
head with a notation indicating the date that the City Council approved the bid award. Also, a
copy of the agenda report must be attached to the requisition. For construction contracts, a
payment authorization form should be completed, instead of a requisition, each time an
application for payment is ready to be processed.
If the item will be purchased using cooperative purchasing, Council approval is required before
the purchase can be made. To obtain Council approval, an agenda report must be prepared and
submitted to the City Council. For details on this procedure, see your department head or
supervisor.
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PROCEDURES FOR PURCHASES $100,000 AND OVER
All merchandise, materials, or equipment purchases totaling $100,000 or more (except
emergency purchases and items purchased using cooperative purchasing) must be purchased
on a formal bid basis. The following procedural requirements must be met before an item may be
purchased:
It is the responsibility of the requesting department to prepare specifications. After
1.
specifications have been prepared, they shall be submitted to the City Manager for approval.
No advertisement for bids shall be published until specifications are approved by the City
Manager.
2.Advertisement in the official local newspaper (and other publications if appropriate) at least
ten (10) days in advance of bid opening is required for purchases less than $200,000. The
City may use its web site or a recognized industry trade journal as an alternative method to
disseminate solicitations of bids, requests for information, and requests for proposals if certain
steps are followed to designate the method (MN Stat. 331A.03, subd. 3).
3.If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-
one (21) days before bid opening and the second notice shall be published between that time
and the deadline for bids. In the case of public improvement projects, publication must be
made twice in the official newspaper and twice in the “Construction Bulletin” no less than three
(3)weeks before the deadline for submission of bids for the first notice and the second notice
shall be published between that time and the deadline for bids.
4.Time must be allowed between the date of bid opening and bid award to permit examination
and tabulation of bids and submission of recommendation to the City Manager and Council.
5.Council award of bid. The Council may wish to table an award on a difficult matter, thereby
delaying the purchase. Therefore, careful consideration must be given to the complexity of an
item and thorough information must be provided.
6.Once the Council has awarded the bid, a requisition form must be prepared by the department
head with a notation indicating the date that the City Council approved the bid award. Also, a
copy of the agenda report must be attached to the requisition. For construction contracts, a
payment authorization form should be completed, instead of a requisition, each time an
application for payment is ready to be processed.
If the item will be purchased using cooperative purchasing, Council approval is required before
the purchase can be made. To obtain Council approval, an agenda report must be prepared and
submitted to the city Council. For details on this procedure, see your department head or
supervisor.
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SOLE SOURCE PURCHASES
If there is no ability to solicit multiple bids, departments must demonstrate that the purchase from
a particular vendor is sufficiently justified as a sole source. Sole source means that a single
vendor is uniquely qualified to meet the department’s procurement objective. To be considered
a sole source and therefore exempt from the bid process, one of the following conditions must be
met:
1.The actual product or service needed is the only one that will meet the department’s need or
requirement, and it can only be purchased from one source (manufacturer or distributor).
2.The product or service must match or be compatible with current equipment or services.
3.The product needed is specifically required for use in conjunction with a grant or contract.
4.The service needed is controlled or mandated by the local, state, or federal government.
Artisticservices.
5.
6.An unusual or compelling urgency exists.
If the need meets one of the above criteria, the department can either negotiate with the vendor
directly or can request that the Finance Department negotiate with the vendor on its behalf.
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PURCHASES FROM EMPLOYEE-OWNED COMPANIES
Before making a purchase in excess of $200 from, or entering into a contract with, a business
entity owned wholly, or in part, by an employee of the City of Maplewood, City employees must
obtain at least two (2) price quotes which are to be kept on file in the Finance Department for one
(1)year after receipt. On purchases under $10,000, price quotes can be copies of the latest price
listings, excerpts from current catalogs or written quotes provided by vendor. On purchases
totaling $10,000 to $49,999, there must be two written quotations from prospective vendors.
Before the purchase is made, it must be reviewed by the supervisor of the employee making the
purchase to confirm that the decision to make a purchase from, or enter into a contract with, the
business entity owned wholly, or in part, by the City employee is based on rational economic
factors including, but not limited to, price and availability of goods and services. Two price quotes
are not needed when services are purchased from an independent contractor who is a recreation
referee, official or instructor.
A business entity owned wholly, or in part, by a City employee shall be defined as: an entity
organized for profit, including an individual, sole proprietorship, partnership, corporation, joint
venture, association, or cooperative in which the City employee or a member of the City
employee’s immediate family has a financial interest excluding interests consisting solely of
publicly issued stock holdings constituting equal to or lesser than 5% of the entity’s total public
stock issue.
A member the City employee’s immediate family is defined as: the City employee’s spouse, the
City employee’s child, the City employee’s parent, or the City employee’s sibling.
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COOPERATIVE PURCHASING
Per MN Statute 471.345, subd. 15, municipalities may contract for the purchase of supplies,
materials, or equipment by utilizing contracts that are available through the state’s cooperative
purchasing venture authorized by section 16C.11.
If a municipality does not utilize the state’s cooperative purchasing venture, a municipality may
contract for the purchase of supplies, materials, or equipment without regard to the competitive
bidding requirements if the purchase is through a national municipal association’s purchasing
alliance or cooperative created by a joint powers agreement that purchases items from more than
one source on the basis of competitive bids or competitive quotations.
Cooperative purchasing is intended to save government agencies time and money when
purchasing common products. Of course, there are no guaranteed savings, but cooperative
buying power is a time-tested method of savings.
Cooperative purchasing is currently allowed through the following sources:
State of Minnesota’s Cooperative Purchasing Venture (CPV) Program
U.S. Communities Government Purchasing Alliance
National Intergovernmental Purchasing Alliance Company (National IPA)
Houston-Galveston Area Council (HGACBuy)
BuyBoard National Purchasing Cooperative
National Joint Powers Alliance (NJPA)
National Cooperative Purchasing Alliance (NCPA)
TCPN Cooperative Purchasing Group
The Interlocal Purchasing System (TIPS)
Savvik Buying Group (North Central EMS Cooperation)
University of Minnesota Purchasing Services
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ETHICS
Ethical business standards shall govern all procurement transactions. Infractions of City policy
shall be reported to the City Manager or Human Resources Director. Disciplinary action for those
violating the City’s ethical business standards will be taken in accordance with applicable City
policies, up to an including termination of employment.
City personnel shall not solicit or accept a significant gift from a supplier or prospective supplier.
A significant gift is defined as an item, service, favor, monies, credits, or discounts not available
to others which could influence purchasing decisions, and also may include the payment of travel
costs for City personnel to visit a vendor’s location (airfare, hotel, etc.) City personnel may accept
trivial items as a matter of courtesy, but may not solicit them. Acceptance of social invitations to
occasional business meals, entertainment, and hospitality will be subject to prudent judgement
as to whether the invitation places or appears to place the recipient under any obligation, the
appropriateness of the occasion, frequency, and choice of facilities. Questions about the value
of a gift or appropriateness of an invitation should be referred to your supervisor to ensure
compliance the City’s conflict of interest policy.
It is also inappropriate for end users to make purchasing decisions based on marketing strategies
by vendors that provide gifts or gift cards which could benefit them personally. Often the pricing
offered, as well as future pricing, is much higher than pricing available through the cooperative
purchasing contracts or other vendors. If a gift or gift card is received, it is the property of the
City.
It is the policy of the City of Maplewood that its employees conduct the affairs of the City in
accordance with the highest ethical, legal, and moral standards. An employee must not be in a
position to make a decision for the City if his or her personal, professional, or economic interests
(or those of an immediate and extended family member) may be directly influenced or affected
by the outcome.
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ADVERTISING FOR BIDS
GUIDELINES:
All purchases $100,000 and over (except emergency purchases and items purchased using
cooperative purchasing) require solicitation and receipt of sealed competitive bids. Also, on
purchases between $50,000 and $99,999, the City Manager or his/her designee will make the
determination on whether the purchase requires solicitation and receipt of sealed competitive bids
or two or more written quotations.
PROCEDURES:
1.Advertisement for public bids shall be placed in the City's official newspaper (or alternate
method if designated by the City) at least ten (10) working days prior to the date of bid opening.
2.If the purchase is $200,000 or more, the first advertisement must appear no less than twenty-
one (21) days before bid opening and the second notice shall be published between that time
and the deadline for bids. In the case of public improvement projects, publication must be
made twice in the official newspaper and twice in the “Construction Bulletin” no less than three
(3)weeks before the deadline for submission of bids for the first notice and the second notice
shall be published between that time and the deadline for bids.
3.The department requesting the bids will prepare the bid specification and the following must
be adhered to:
bids must be typed or written in ink;
bids must be signed in ink;
all erasures or changes must be initialed;
bids must be received no later than stated in the advertisement of bids; and,
for public improvement projects, bids must be signed by the City Clerk.
4.The advertisement for bids will include:
date and time by which bids must be submitted;
location for delivery of bids; and
date, time, and place of bid opening.
5.Bid Security. If the purchase is $100,000 or more the bid must be accompanied by cash,
certified check, cashiers check, or bid bond payable to the City of Maplewood in an amount
equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bidder,
he/she will enter into a contract in accordance with said bid and will furnish such performance
bonds as specified. The security of the successful bidder will be held until delivery of the goods
or services has been completed.
6.Bids are received by the City Clerk's office.
7.Council will award the bid and the award will be based on, but not limited to, the factors of
price, delivery date, City's experience with the products/services proposed, City's evaluation
of the bidders ability to service City in terms of the requirements as called for in the
specifications, quality of merchandise offered, and analysis and comparison of specifications.
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AFFIRMATIVE ACTION
The City of Maplewood is committed to developing mutually beneficial relationships with small,
minority-owned, women-owned, disadvantaged, veteran-owned, and local business enterprises.
Maplewood has developed an initiative to create opportunity for vendors to market their products
to the City and encourage departments to offer opportunities to such vendors.
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PROMPT PAYMENT OF CITY BILLS
State law required municipalities to pay obligations with a standard payment period except where
good faith disputes exist. A city whose council has at least one regularly scheduled meeting per
monthmust pay bills within 35 days of receipt. A city or joint powers organization which does not
have at least one regularly scheduled meeting per month must pay bills within 45 days of receipt.
The date of receipt is defined as the completed delivery of the goods or services or the satisfactory
installation or assembly, or the receipt of the invoice for the delivery of goods, whichever is later.
Cities have the responsibility to notify vendors of invoice errors within 10 days of receipt. The
statute also requires cities to calculate and pay interest of 1½ percent per month on bills not paid
within the standard payment period. State law specifies $10 as the minimum monthly interest
penalty payment for the unpaid balance of any one overdue bill or $100 or more. For unpaid
balances less than $100, the city shall calculate and pay the actual interest penalty due the
vendor.
In cases of delayed payments due to good faith disputes with vendors, no interest penalties
accrue. Where such delayed payments are not in good faith, the vendor may recover costs and
attorneys' fees. Statute applies to all purchases of goods, leases and rents, and contracts for
services, construction, repair and remodeling entered into on or after January 1, 1986. Purchases
or contracts for service with a public utility or telephone company are not subject to the
requirements of this statute. (Statute No. 471.425)
All City employees that receive bills should promptly send them to the Finance Department with
the appropriate forms so that they can be paid within 35 days of receipt. Checks for the payment
of bills are mailed every Tuesday. This payment processing is referred to as “regular accounts
payable processing.” All documentation for checks must be submitted to the Accounts Payable
Technician in the Finance Department by 4:30 p.m. on Wednesdays. If payment of the bill by
regular accounts payable processing would result in a late payment charge, a special check will
be issued when requested by the department making the purchase, provided the late payment
charge is over $2.00.
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H2, Attachment 5
STATE SALES AND USE TAX
Purchases made by cities are generally exemptfrom sales and use tax. To make tax-exempt
purchases, the City must provide the seller with a completed Form ST3. Use tax is similar to the
sales tax and is the same rate. The use tax must be paid when the City makes taxable purchases
without paying sales tax. An example of this would be a taxable purchase from a vendor outside
of Minnesota who does not charge the City sales tax. In this case, the City has to pay use tax to
the State of Minnesota and complete a tax return.
In order to meet this legal requirement, the department making the purchase should calculate the
use tax. Then in the coding section of the appropriate form for the purchase, the use tax amount
should be added to the same account that the purchase is coded to. In addition, the use tax
amount should also be listed in the coding section as a negative amount and coded to account
101-2031. For example, if a taxable purchase was made from an out-of-state vendor for
Dept/Prog 202 and no sales tax was charged, th:
e account coding would be as follows
$106.88 101-202-000-4110
(6.88) 101---------2031
As a result, the vendor would be paid $100 and $6.88 would be paid to the State of Minnesota
automatically by the City.
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H2, Attachment 5
PURCHASE DISCOUNTS
Some vendors offer a discount of 1% to 2% for payment of their invoices within the discount
period. If this discount is over $2.00, a special check should be requested. However, occasionally
the department that purchased the goods sends the invoice and/or receipt of goods to the Finance
Department after the discount period has expired. In these cases, the purchase discount lost will
be added to the total purchase price and coded to the appropriate expenditure account (e.g.,
supplies, services, etc.).
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H2, Attachment 5
FINAL PAYMENTS ON CITY CONSTRUCTION CONTRACTS
The State of Minnesota requires the filing of Form IC-134 prior to the final payment of any contract
involving employees under code section 270C.66 CONTRACTS WITH STATE: WITHHOLDING.
"No department of the state of Minnesota, nor any political or governmental subdivision of
the state, shall make final settlement with any contractor under a contract requiring the
employment of employees for wages by said contractor and by subcontractors until
satisfactory showing is made that said contractor or subcontractor has complied with the
provisions of section 290.02. A certificate by the commission of revenue shall satisfy this
requirement with respect to the contractor or subcontractor."
Before final payment can be made on any contract which involves the payment of wages by a
contractor of the city to any employee, or subcontractors with employees that performed work on
a job for the city, the contractor must furnish to the city a copy of Form IC-134 that has been
certified by the Minnesota Department of Revenue. These forms should be kept on file in your
department with all other contract documents for possible review by the auditors. Contractors and
subcontractors should obtain the IC-134 forms from the State of Minnesota.
Subcontractors or sole contractors must provide their certified IC-134 form to the prime contractor
when their portion of work is completed. The prime contractor then submits all certified IC-134
forms to the City when requesting their final payment.
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H2, Attachment 6
December 11, 2017
Truth in Taxation Hearing
2018 Budget and Tax Levy
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H2, Attachment 6
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H2, Attachment 6
0.1%
2.4%
3.5%
25.4%37.5%12.0%
Change
%
200,000420,000500,000100,000
4,894,070
2017
$726,767
of
89,270
205,000335,000800,000
4,891,484
$20,738,833$21,465,600
Increase
2017
Funds
Funds
Funds
Fund$14,418,079$14,351,5306.5%
ProjectFunds
Levy
Service
Fund
Fund GeneralDebtSpecialRevenueCapitalEnterpriseEDA Total
Packet Page Number 151 of 246
H2, Attachment 6
76,00098,00027,767
485,000100,000173,000100,000
(33,000)
(300,000)
$21,465,600
(Net)
Fund
$726,767
of
Fund
Communications
to
Fund
ΑDĻƓĻƩğƌ
Increase
General
Transferred
in
Eliminated
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Funding
Increases
Balance
Revenue
Technology
Internal
Borer
Benefit
Reduction
Fee
Operations
and
Fund
Ash
and
Levy$20,738,833Levy
Arena
2017 WageSuppliesEmeraldReductioninFranchiseImproveIceMCCLevyOther 2018
Packet Page Number 152 of 246
H2, Attachment 6
Median Value Home $209,600
Packet Page Number 153 of 246
H2, Attachment 6
City
28.80%
Bill
Tax
County
33.18%
Property
Districts
6.27%
Special
Maplewood
2018
School
31.75%
Packet Page Number 154 of 246
H2, Attachment 6
ISD #624
ISD #623
ISD #622
872 891 2.2%872 891 2.2%872 891 2.2%188 194 3.2%188 194 3.2%188 194 3.2%
1,013 1,027 1.4%1,013 1,027 1.4%1,013 1,027 1.4%1,042 982 -5.8%731 867 18.6%887 919 3.6%3,115 3,094 -0.7%2,804 2,979 6.2%2,960 3,031 2.4%
20172018% 20172018% 20172018%
CountyCity of MaplewoodSchoolOtherTotal Taxes
Packet Page Number 155 of 246
H2, Attachment 6
of
of
$891
share
of
$15
/źƷǤƭ
total
plus
a
the
for
of
$876
tax
tax
28.8%
bill.
City
value
tax
markettotal
Maplewoodtheapproximatesthe
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H2, Attachment 6
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6.8%2.1%0.6%
100%
46.8%
/ƚǒƓƷǤ
wğƒƭĻǤ
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Total
tƩƚǝźķĻķ
74
789242
5,399
11,545
ParcelsPercentof
of
Taxes#
in
Change
20%30%
10%
Percent<=0%5,04143.7%11121>30%Total
Packet Page Number 172 of 246
H2, Attachment 6
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H2, Attachment 6
2,9901,298
Center
2016
in
2,6551,103
RichfieldBrooklyn
Home
Grove
894
2,012
Heights
$200,000
877
2,749
on
MaplewoodInver
Taxes
835
Taxes
Louis
2,328
Park
Total
Total
ValleySt.
809
1,856
Taxes
and
Apple
City
777
Taxes
2,086
Grove
City
of
711
2,343
695
1,862
Comparison
685
2,386
Peer
ShakopeeAndoverRosevilleCottage
500
4,5004,0003,5003,0002,5002,0001,5001,000
Packet Page Number 174 of 246
H2, Attachment 6
Heights
2,0561,044
Park
2016
in
2,0101,019
Home
877
2,749
$200,000
on
Taxes
714
2,041
Taxes
Total
Total
PaulOakdaleMaplewoodStillwaterOak
&
Taxes
700
St.
2,656
City
Taxes
City
548
2,201
CanadaNorth
HeightsLittle
485
2,171
Comparison
LakeVadnais
356
2,046
Bear
Neighbor
White
500
4,0003,5003,0002,5002,0001,5001,000
Packet Page Number 175 of 246
H2, Attachment 6
Increase/(Decrease)
Home
RatesAmountPercent
Average
on
Charge
3.603.60$0.000.0%
Impact
Rates2018
$102.96$106.04$3.083.0%
Quarterly
Rates
2017
Utility
Bill$103.06$106.14$3.083.0%
Paul
Paul
PaulBill
St.
St.NorthSt.
Sewer$2.94/unit$3.00/unit$0.062.0%
Paul7%7%$0.000.0%
St.North
SanitaryEnvironmentalUtility25.0026.25$1.255.0%Recycling9.7810.29$0.515.2%WACWAC AverageAverage
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•••
•
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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J1
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Andrea Sindt, City Clerk
Regan Beggs, Business License Specialist
DATE: November 29, 2017
SUBJECT: Consider Approval of Resolution for 2018 Annual Liquor License Renewals for
Club, Off-Sale, On-Sale, and Wine
Introduction
All city issued liquor licenses are due to expire on December 31, 2017. The license holders in
the attached resolution have been notified of the renewal requirement and are eligible torenew
their licenses, contingent upon the receipt of their completed license renewal documentation
andrequired fees.
Budget Impact
None
Recommendation
It is recommended that City Council approve the Resolution for 2018 Annual Liquor License
Renewals for Club, Off-Sale, On-Sale, and Wine.
Attachments
1. Resolution for 2018 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine
Packet Page Number 183 of 246
J1, Attachment 1
RESOLUTION
2018 ANNUAL LIQUOR LICENSE RENEWALS FOR
CLUB, OFF-SALE, ON-SALE AND WINE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following Club, Off-Sale, On-Sale and Wine Liquor licenses, having been previously
duly issued by this Council, are hereby approved for renewal for oneyear, effective January 1, 2018, with
approvals granted herein subject to satisfactory results ofrenewal documentationwith feessubmitted:
ClubOn-SaleLicense
Maplewood Moose Lodge #963
1946 English Street
Off-Sale 3.2 Beer Licenses
Cub Foods #30244Rainbow Foods #7300
100County Road BWest2501 White Bear Avenue
Cub Foods #31264SuperAmerica #4022
2390 White Bear Avenue1750 White Bear Avenue
Maplewood Kwik MartSuperAmerica #4089
2150 McMenemy Street North11 Century Avenue South
Off-Sale Intoxicating Liquor Licenses
61 LiquorsMerwin Liquors
2700 Maplewood DriveNorth1700Rice Street
Big Discount LiquorMGM Liquor Warehouse
2515 White Bear Avenue2950 White Bear Avenue
Costco Wholesale #1021Party Time Liquor
1431 Beam Avenue East1835 East Larpenteur Avenue
Cub Discount LiquorPrincess Liquor ‘n Tobacco
100 West County Road B2728 Stillwater Road
Heritage Liquor LLCSarrack’s Int’l. Wine & Spirits
1347 Frost Avenue2305 Stillwater Road
Maddie’s LiquorWhite Bear Liquor
1690 McKnight Road North2227 WhiteBear Avenue
Maplewood Wine Cellar
1281 Frost Avenue
Packet Page Number 184 of 246
J1, Attachment 1
On-Sale 3.2 Beer Licenses
Bambu Asian Cuisine Indian Masala Restaurant
1715 Beam Ave East,Suite A 27 Century Avenue North
Chipotle Mexican Grill#1438 Taste of India
3095 White Bear AvenueNorth 1745 Cope Ave East
On-Sale Intoxicating Liquor Licenses
5-8 Tavern & GrillKeller Golf Course
2289 Minnehaha Avenue2166 Maplewood Drive North
AcapulcoMexicanRestaurantMcCarron’s Pub and Grill
3069 White Bear Avenue1986 Rice Street North
AramarkMyth
2350 Minnehaha Avenue East3090 Southlawn Drive North
Bleechers Bar & GrillOlive Garden #1200
2220 White Bear Avenue1749 Beam Avenue
BuffaloWild Wings #118Osaka Sushi & Hibachi
3085White Bear Avenue1900 County Road D East
Chili’s Grill & Bar #224Outback Steakhouse#2412
1800 Beam Avenue1770 Beam Avenue
Chipotle Mexican Grill#224Red Lobster #0283
2303 White Bear Avenue2925 White Bear Avenue
Crooked Pint Ale HouseT.G.I. Friday’s #0472
1734 Adolphus Street3087 White Bear Avenue
Goodrich Golf CourseThe Dog House Bar & Grill
1820 North Van Dyke2029 Woodlynn Avenue East
GuldensRoadhouseThe Ponds at Battle Creek
2999 North Highway 61601 Century Avenue South
Jake’s City GrilleTokyo Sushi – All You Can Eat
1745 Beam Avenue East 1935 Beam Avenue East,Suite103
On-Sale Wine/Strong Beer Licenses
Bambu Asian CuisineTaste of India
1715Beam AvenueEast, Suite A 1745 Cope Avenue East
Indian Masala Restaurant
27 Century Avenue North
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J2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: December 11, 2017
SUBJECT: Consider Approval of Resolution Authorizing the Issuance, Sale, and
Delivery of Multifamily Housing Revenue Obligations to Finance the
Maple Pond Apartments Project; Approving the Forms of and
Authorizing the Execution and Delivery of the Bonds and Related
Documents; Providing For the Security, Rights, and Remedies with
Respect to the Bonds; and Granting Approval for Certain Other Actions
with Respect Thereto
Introduction
Preliminary Approval - On July 10, 2017, following a duly noticed public hearing, the City Council
adopted Resolution No. 17-07-1475, which granted preliminary approval to the issuance of
Multifamily Housing Revenue Bonds, in an aggregate principal amount not to exceed
$15,000,000, on behalf of Maple Pond MDG Limited Partnership. The Bonds were issued
pursuant to the Housing Act (M.S. Chapter 462C), to finance a portion of the costs of the
acquisition and rehabilitation of 168 units of multifamily rental apartments.
Temporary Financing - On November 11, 2017, the Council adopted Resolution 17-11-1513
authorizing interim financing for the project. Maple Pond MDG, LP had requested that the City
issue Multifamily Housing Revenue Notes in one or more series, in the maximum principal amount
of $11,200,000. Bridgewater Bank was the purchaser of the Note.
Permanent Financing - The Bonds considered in the attached resolution will be issued as
permanent financing for the project, at which time the proceeds of the Bonds will refund the Note
and finance the remaining costs of the project. At this meeting, the City Council is being requested
to consider the attached resolution granting final approval for the permanent financing.
Obligation of the City - The issuance of the bonds does not impact the City’s debt capacity and
does not constitute a general or moral obligation of the City. The bonds will not be secured by
the taxing powers of the City or any assets of the City, and will not adversely impact the City’s
ability to issue bank-qualified obligations for City projects.
Background
Project Description - Maple Pond Homes consists of 168 apartment units located in two
buildings, 1816 and 1854 Beebe Road in Maplewood. It was constructed in 1974. There is a
total of 99 one-bedroom units, 63 two-bedroom units and 6 three-bedroom units. There is a HUD
contract (Section 8) on 121 of the apartments and 47 units under a HUD 236 agreement. There
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J2
are 102 garages in addition to surface parking. The complex was purchased in 1998 and
renovated in 1999, including new siding, a new roof, upgraded kitchens, heating system
improvements, and other improvements.
Project Outcomes - The objectives of the current renovation project are to preserve the
affordability of Maple Pond for the long term and complete necessary capital improvements. A
significant part of the equity for the upgrades will be created through the use of Low Income
Housing Tax Credits. The financing plan for the renovation includes approximately $3,900,000 in
improvements. Significant upgrades will be made to the exterior as well as the interior of the
property including replacing the roof, upgrading the heating system to a high efficiency system,
kitchen and bathroom upgrades, updating the security system and common area improvements.
A solar power system will also be installed to continue the investors’ focus on sustainability. These
improvements will reduce utility usage and improve the overall livability for the residents. There
will also be upgrades to the landscaping and outdoor space so the residents will have places to
gather outside.
Budget Impact
The City has received an application fee of $3,400 and an administrative fee of $28,600 for the
temporary bonds. The City will also receive an administrative fee in the amount of $28,600 for
facilitating the permanent bonds. The City bears no responsibility for the debt. The conduit debt
issuance does not add to the City’s debt load and has no impact on the City’s credit rating.
Because these bonds are Housing Revenue Bonds (M.S. 462C), the issuance does not affect the
City’s Bank Qualification (BQ) limit.
Recommendation
It is recommended that the Council approve the Resolution Authorizing the Issuance, Sale,
and Delivery of Multifamily Housing Revenue Obligations to Finance the Maple Pond
Apartments Project; Approving the Forms of and Authorizing the Execution and Delivery
of the Bonds and Related Documents; Providing For the Security, Rights, and Remedies
with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect
Thereto
Attachments:
1. Resolution Authorizing the Issuance, Sale, and Delivery of Multifamily Housing Revenue
Obligations to Finance the Maple Pond Apartments Project; Approving the Forms of and
Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing
For the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval
for Certain Other Actions with Respect Thereto.
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J2, Attachment 1
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION NO. _______
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS
MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE MAPLE
POND APARTMENTS PROJECT; APPROVING THE FORMS OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND
RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND
REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL
FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the “City” or
“Issuer”), as follows:
Section 1. Recitals.
1.01.The City is a statutory city duly organized and existing under the Constitution and laws of
the State of Minnesota.
1.02.On July 10, 2017, following a duly noticed public hearing, the City Council of the City the
(“City Council”) adopted Resolution No. 17-07-1475 (the “Preliminary Resolution”) pursuant to which the
City Council, among other things, preliminarily approved the issuance of multifamily housing revenue
obligations, in an aggregate principal amount not to exceed $15,000,000, under the terms of Minnesota
Statutes, Chapters 462C and 474A, as amended (collectively, the “Act”), for the benefit of Maple Pond
MDG Limited Partnership, a Minnesota limited partnership (the “Borrower”), to finance the acquisition
and rehabilitation of 168 units of multifamily rental apartments, and facilities functionally related and
subordinate thereto, commonly known as Maple Pond Apartments, located at 1854 Beebe Road in the City
(the “Project”).
1.03. The Preliminary Resolution constitutes a reimbursement resolution and an official intent
of the Issuer to reimburse expenditures with respect to the Project (as hereinafter defined) from the proceeds
of tax-exempt revenue obligations in accordance with the provisions of Treasury Regulations, Section
1.150-2.
1.04.On November 13, 2017, the City Council adopted Resolution No. 17-11-1513 (the
“Temporary Note Resolution”), pursuant to which the City Council authorized the issuance of the City’s
Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the “Note”), in the
principal amount of $11,200,00, to provide short-term financing for the acquisition and rehabilitation of the
Project.
1.05.The Temporary Note was issued on December 1, 2017 and sold to Bridgewater Bank. The
Borrower intended to refund the Temporary Note with the proceeds of permanent obligations to be issued
by the City. The Temporary Note had an initial mandatory tender date of December 1, 2018. The
Temporary Note was drawn down for the purposes of financing the Project.
1.06.The Borrower is requesting that the City now issue its multifamily housing revenue
obligations, in one or more series, as tax-exempt obligations (the “Bonds”), in the maximum aggregate
principal amount of $11,200,00, as permanent financing for the Project, the proceeds of which, along with
unspent proceeds of the Temporary Note, will be used to (i) refund the Temporary Note and provide
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J2, Attachment 1
permanent financing for the acquisition and rehabilitation of the Project; (ii) pay capitalized interest on the
Bonds during the rehabilitation of the Project; (iii) fund required reserves; and (iv) pay costs of issuance of
the Bonds.
1.07.The Bonds are proposed to be sold publicly and underwritten by Dougherty & Company
LLC, a Delaware limited liability company (the “Underwriter”).
1.08.The Bonds are proposed to be issued pursuant to the Preliminary Resolution, the
Temporary Note Resolution, this resolution, the Act, and a Trust Indenture, dated on or after December 1,
2017 (the “Indenture”), between the Issuer and U.S. Bank National Association, a national banking
association, or another trustee to be selected by the Borrower (the “Trustee”).
1.09.The proceeds derived from the sale of the Bonds are to be loaned by the Issuer to the
Borrower under the terms of a Loan Agreement, dated on or after December 1, 2017 (the “Loan
Agreement”), between the Issuer and the Borrower.
1.10.The Bonds and the interest on the Bonds (i) shall be payable solely from the revenues
pledged and security provided therefor under the Loan Agreement and the Indenture, and additional sources
of revenue provided by or on behalf of the Borrower; (ii) shall not constitute a debt of the Issuer within the
meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary
liability of the Issuer or a charge against its general credit or taxing powers; (iv) shall not constitute a charge,
lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer’s interest in
the Loan Agreement; and (v) shall not constitute a general or moral obligation of the Issuer;
Section 2. The Bonds.
2.1.The Issuer acknowledges, finds, determines, and declares that the issuance of the Bonds is
authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds,and
the other actions of the Issuer under the Indenture, the Loan Agreement, the Regulatory Agreement (as
hereinafter defined), and this resolution constitute a public purpose and are in the interests of the Issuer.
The Project constitutes a “qualified residential rental project” within the meaning of Section 142(d) of the
Internal Revenue Code of 1986, as amended (the “Code”), and a “multifamily housing development”
authorized by the Act, and furthers the purposes of the Act. In authorizing the issuance of the Bonds for
the refinancing of the Project and the related costs, the Issuer’s purpose is and the effect thereof will be to
promote the public welfare of the Issuer and its residents by providing multifamily housing developments
for low-or-moderate-income residents of the County and otherwise furthering the purposes and policies of
the Act.
2.2.For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery
of the Bonds in one or more series in the aggregate principal amount not to exceed $11,200,000. The Bonds
may be designated as Multifamily Housing Revenue Refunding Bonds (Maple Pond Apartments Project),
Series 2017. The Bonds may be given a different designation and may be issued in any number of series,
as the Mayor of the Issuer and the City Manager of the Issuer (the “Mayor” and the “City Manager”), in
their discretion, shall determine. The Bonds, substantially in the form set forth in the Indenture, now on
file with the Issuer, are hereby approved with the amendments referenced herein. All of the provisions of
the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and
to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Bonds shall bear interest at the rates, shall be designated, shall be
numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions
as are prescribed in the Indenture, with necessary and appropriate variations, omissions, and insertions
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J2, Attachment 1
(including the addition of a series designation reflecting the year in which the Bonds are issued and any
other changes to the title of the Bonds as deemed appropriate, and changes to the aggregate principal amount
of the Bonds, the stated maturity of the Bonds, the interest rates on the Bonds, and the terms of redemption
of the Bonds) as the Mayor and City Manager (the “Issuer Officials”), in their discretion, shall determine.
The execution of the Bonds with the manual or facsimile signatures of the Issuer Officials and the delivery
of the Bonds by the Issuer Officials shall be conclusive evidence of such determination. The Issuer hereby
authorizes the Bonds to be issued, in whole or in part, as “tax-exempt bonds” the interest on which is
excludable from gross income for federal and State of Minnesota income tax purposes; provided that, if
necessary, certain Bonds may be issued as taxable obligations.
2.3.The Indenture is hereby approved and the Issuer Officials are hereby authorized to execute
and deliver the Indenture on behalf of the Issuer. All of the provisions of the Indenture, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent
as if incorporated verbatim herein and shall be in full force and effect from the date of execution and
delivery thereof. The Indenture shall be substantially in the form now on file with the Issuer with such
necessary and appropriate variations, omissions, and insertions as do not materially change the substance
thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof
by the Issuer Officials shall be conclusive evidence of such determination.
2.4.The Loan Agreement is hereby approved and the Issuer Officials are hereby authorized to
execute and deliver the Loan Agreement on behalf of the Issuer. All of the provisions of the Loan
Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution
as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from
the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form now on
file with the Issuer with such necessary and appropriate variations, omissions, and insertions as do not
materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the
execution and delivery thereof by the Issuer Officials shall be conclusive evidence of such determination.
The proceeds of the loan to be made under the terms of the Loan Agreement (the “Loan”) are hereby
authorized to be applied to the payment of a portion of the costs of the acquisition, construction, and
equipping of the Project and related costs.
2.5.The Bonds shall not constitute general or moral obligations of the Issuer but shall be
special, limited obligations of the Issuer payable solely from the revenues provided by the Borrower under
the terms of the Loan Agreement and from the revenues and security pledged, assigned, and granted under
the terms of this resolution, the Bonds, the Loan Agreement, and any other security documents provided by
the Borrower or any other party to secure the timely payment of the principal of, premium, if any, and
interest on the Bonds. As provided in the Loan Agreement, the Bonds shall not be payable from nor charged
upon any funds other than the revenue pledged to their payment, nor shall the Issuer be subject to any
liability thereon, except as otherwise provided in this paragraph. No holder of the Bonds shall ever have
the right to compel any exercise by the Issuer of any taxing powers of the Issuer to pay the Bonds or the
interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the
interests of the Issuer in the Loan Agreement and the revenues and assets thereunder, which will be assigned
to the Trustee under the terms of the Indenture.
2.6.The Bonds shall recite that the Bonds are issued under the Act, and that the Bonds,
including interest and premium, if any, thereon, are payable solely from the revenues and assets pledged to
the payment thereof, and the Bonds shall not constitute a debt of the Issuer within the meaning of any
constitutional or statutory limitations.
2.7.The Issuer acknowledges and hereby approves any one or more of the following to be
provided as security for the payment of the obligations of the Borrower under the Loan Agreement, and the
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payment of the principal of, premium, if any, and interest on the Bonds: (i) one or more mortgages or
security agreements granting a mortgage lien or security interest with respect to the Project or any portion
thereof to the Trustee; (ii) one or more collateral assignments of the contracts between the Borrower and
the architect and contractor with respect to the Project; (iii) one or more indemnity agreements; (iv) one or
more disbursing agreements, between the Borrower, the Trustee, a disbursing agent to be selected by the
Borrower, and a lender to provide for the disbursement of the proceeds of the Bonds and the Loan and (v)
assignments of rents, guarantees, and other security instruments and documents that are intended to ensure
timely payment of the Loan and the Bonds. All such security documents, if any are delivered, shall be
substantially in the forms authorized and approved by the Borrower.
Section 3. Additional Findings and Certifications.
3.1To ensure compliance with certain rental and occupancy restrictions imposed by the Act
and Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the Issuer,
the Issuer Officials are also hereby authorized and directed to execute and deliver a Regulatory Agreement,
dated on or after December 1, 2017, among the Issuer, the Borrower and the Trustee (the “Regulatory
Agreement”). The Regulatory Agreement shall be substantially in the form now on file with the Issuer
which is hereby approved, with such omissions and insertions as do not materially change the substance
thereof, as the Issuer Officials, in their discretion, shall determine, and the execution thereof by the Issuer
Officials shall be conclusive evidence of such determination. All of the provisions of the Regulatory
Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution
as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from
the date of execution and delivery thereof.
3.2The Issuer Officials and any officer, agent, or employee of the Issuer are authorized, upon
request, to furnish certified copies of all proceedings and records of the Issuer relating to the Bonds, and
such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts
appear from the books and records in the custody and control of the Issuer; and all such certified copies,
certificates, and affidavits, including any heretofore furnished, shall constitute representations of the Issuer
as to the truth of all statements contained therein. The Issuer Officials are hereby further authorized to
execute and deliver, on behalf of the Issuer, all other certificates, instruments, and other written documents
that may be requested by Kennedy & Graven, Chartered, bond counsel to the Issuer (“Bond Counsel”), the
Trustee, the Borrower, or other persons or entities in conjunction with the issuance of the Bonds and the
expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding
sentence, the Issuer Officials are specifically authorized to execute and deliver such other documents and
certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds,
including a Bond Purchase Agreement, dated on or after the pricing date of the Bonds, among the Issuer,
the Borrower, and the Underwriter, one or more consents to the assignment of a development agreement,
and other funds made available to the Borrower and the Project, one or more Information Return for Tax-
Exempt Private Activity Bond Issues, Form 8038, with respect to the Bonds, a letter prepared in accordance
with Section 42(m)(2)(D) of the Code evidencing the determination of the City, as the issuer of the Bonds,
based on conclusions of a third party analyst, that the amount of tax credits to be allocated to the Project
will not exceed the amount necessary for the financial feasibility of the Project and its viability as a qualified
low-income housing project, endorsements to any tax certificates as to arbitrage, rebate, and other federal
tax matters executed and delivered in connection with the issuance of the Bonds, appropriate amendments
to the Housing Program (as described in the Preliminary Resolution and the Temporary Note Resolution),
and all other documents and certificates as the Issuer Officials shall deem to be necessary or appropriate in
connection with the issuance, sale, and delivery of the Bonds. The Issuer Officials are hereby further
authorized and directed to execute and deliver all other instruments and documents necessary to accomplish
the purposes for which the Bonds are to be issued. The preparation and filing of Uniform Commercial
Code financing statements with respect to the assignment of the interests of the Issuer in the Loan
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Agreement (excluding any unassigned rights as provided in the Loan Agreement), are hereby authorized.
The Issuer hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinions
with respect to the Bonds.
3.3The Issuer will not participate in the preparation or distribution of any official statements
or other disclosure documents relating to the offer and sale of the Bonds (the “Disclosure Documents”),
except only for certain information relating specifically to the Issuer as approved by the Issuer, and will
make no independent investigation with respect to the information contained in the Disclosure Documents,
including the appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or
completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution
and the use by the Underwriter of the Disclosure Documents in connection with the offer and sale of series
of the Bonds to be offered and sold pursuant to such Disclosure Documents. The Disclosure Documents
are the sole materials consented to by the Issuer for use in connection with the offer and sale of each
publicly-offered series of the Bonds.
3.4The authority to approve, execute, and deliver future amendments to any of the documents
referred to in this resolution or other documents executed and delivered by the Issuer in connection with
the issuance of the Bonds is hereby delegated to the Issuer Officials, subject to the following conditions:
(i) such amendments do not materially adversely affect the interests of the Issuer; (ii) such amendments do
not contravene or violate any policy of the Issuer, and (iii) such amendments are acceptable in form and
substance to Bond Counsel. The authorization hereby given shall be further construed as authorization for
the execution and delivery of such certificates and related items as may be required to demonstrate
compliance with the agreements being amended and the terms of this resolution. The execution of any
instrument by the Issuer Officials shall be conclusive evidence of the approval of such instruments in
accordance with the terms hereof.
3.5No covenant, stipulation, obligation, or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any
member of the City Council, or any officer, agent, or employee of the Issuer in that person’s individual
capacity, and neither the City Council nor any officer, agent, or employee executing the Bonds or any such
documents shall be personally liable on the Bonds or such documents or be subject to any personal liability
or accountability by reason of the issuance of the Bonds or the execution and delivery of such documents.
No provision, covenant, or agreement contained in the aforementioned documents, the Bonds, or in any
other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the
breach thereof, shall constitute or give rise to a general or moral obligation of the Issuer or any pecuniary
liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements,
provisions, covenants, and representations set forth in such documents, the Issuer has not obligated itself to
pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, which
are to be applied to the payment of the Bonds, as provided therein.
3.6Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon any
person or firm or corporation, other than the Issuer, and any holders of the Bonds issued under the provisions
of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or
any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being
intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the Underwriter, and
any beneficial owners from time to time of the Bonds issued under the provisions of this resolution.
3.7In case any one or more of the provisions of this resolution, other than the provisions
limiting the liability of the Issuer, including those contained in Section 2.5, or of the aforementioned
documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such
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illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned
documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be
construed and endorsed as if such illegal or invalid provisions had not been contained therein.
3.8The Bonds, when executed and delivered, shall contain a recital that they are issued in
accordance with the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the
regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State
of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution
of the aforementioned documents to happen, exist, and be performed precedent to the execution of the
aforementioned documents have happened, exist, and have been performed as so required by law.
3.9The officers of the Issuer, Bond Counsel, other attorneys, and other agents or employees
of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this
resolution, the aforementioned documents, or the Bonds, for the full, punctual, and complete performance
of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and
this resolution. If for any reason any of the Issuer Officials is unable to execute and deliver the documents
referred to in this resolution, such documents may be executed by any member of the City Council or any
officer of the Issuer delegated the duties of such Issuer Official with the same force and effect as if such
documents were executed and delivered by such Issuer Official.
3.10The Borrower has agreed to pay the administrative fees of the Issuer when due in
accordance with the terms of the Loan Agreement. The Borrower will also pay, or, upon demand, reimburse
the Issuer for payment of, any and all costs incurred by the Issuer in connection with the Project and the
issuance of the Bonds, whether or not the Bonds are issued, including any costs for reasonable attorneys’
fees.
3.11It is understood and agreed by the Borrower that the Borrower shall indemnify the Issuer
against all liabilities, losses, damages, costs, and expenses (including attorney’s fees and expenses incurred
by the Issuer) arising with respect to the Project and the Bonds, as provided for and agreed to by and
between the Borrower and the Issuer in the Loan Agreement.
3.12Except as otherwise provided in this resolution, all rights, powers, and privileges conferred
and duties and liabilities imposed upon the City Council or the Issuer by the provisions of this resolution
or of the aforementioned documents shall be exercised or performed by the Issuer or by such members of
the City Council, or such officers, employees, or agents, or by such board, body, or agency thereof as may
be required or authorized by law to exercise such powers and to perform such duties. No covenant,
stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall
be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any
officer, agent, or employee of the Issuer in that person’s individual capacity, and neither the City Council
nor any Issuer Officials executing the Bonds shall be personally liable on the Bonds or be subject to any
personal liability or accountability by reason of the issuance thereof.
Section 4. Previous Resolutions Supplemented. The provisions of this resolution hereby
supplement the Preliminary Resolution and the Temporary Note Resolution.
Section 6. Effective Date. This resolution shall be in full force and effect from and after its
approval.
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th
Adopted this 11 day of December, 2017.
_________________________________
Nora Slawik, Mayor
ATTEST:
________________________________
Melinda Coleman, City Manager
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STATE OF MINNESOTA )
)
COUNTY OF RAMSEY ) SS.
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota
(the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of
a regular meeting of the City Council held on December 11, 2017, with the original thereof on file in my office
and the same is a full, true and complete transcript therefrom insofar as the same relates to authorizing the
issuance, sale, and delivery of its multifamily housing revenue bonds to finance the Maple Pond Apartments
Project, approving the forms of and authorizing the execution and delivery of the bonds and related documents,
providing for the security, rights, and remedies with respect to the bonds, and granting approval for certain
other actions with respect thereto.
WITNESS My hand as Clerk and the corporate seal of the City this ____ day of December, 2017.
City Clerk
City of Maplewood, Minnesota
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM:Steven Love, Director of Public Works / City Engineer
DATE: December 5, 2017
SUBJECT:Repeal and Replace Public Rights-of-Way Ordinance
a.Consider Approval of an Ordinance Repealing All Provisions of Chapter
32, Article I, Division 2 – Public Rights-of-Way and Replacing Them with
New Provisions and Subsequently Renumbering Sections of Chapter 32,
Article II
b.Consider Approval of a Summary Ordinance Repealing All Provisions of
Chapter 32, Article I, Division 2 –Public Rights-of-Way and Replacing
Them with New Provisions and Subsequently Renumbering Sections of
Chapter 32, Article II (4 Votes)
Introduction
The City Council will consider approval of anordinance repealing all provision ofChapter 32,
Article I, Division 2 –Public Rights-of-Wayand replacing them with new provisions and
subsequently renumbering sections of Chapter 32, Article II.
Additionally, the City Council will also consider approval to utilize a summary ordinance
repealing all provisions of Chapter 32, Article I, Division 2 – Public Rights-of-Way and replacing
them with new provisions and subsequently renumber sections of Chapter 32, Article IIto meet
the publishing requirements per State Statutes. This item will require a supermajority vote (4
votes out of 5) for approval.
Background
In the 2017 Legislative Session the Minnesota Statutes, Section 237.162 and 237.163 was
modified to allow the deployment of “small wireless facilities” in the public right-of-way.The
term “small wireless facilities” refers to cell sites that support an antenna plus additional
equipment to add data capacity througha network of these “small wireless facilities”. The
modification to the State Statutes allowssmall cell wireless equipment to be placed on city-
owned infrastructure, such as light poles and traffic signalpoles, within the public right-of-way.
Discussion
Cities are required to comply with the revisions to Minnesota Statutes, Section 237.162 and
237.163 by the end of 2017. As part of this process it is necessary for the City of Maplewood to
revise Chapter 32, Article I, Division 2 – Public Rights-of-Way of the Code of Ordinances.Staff
is also taking this opportunity to revise and update all of Division 2. Duetothe extensive
amount of revisions necessary to bringMaplewood’sexisting code into compliance with the
modified State Statues it is recommended that the Cityfully repeal and replace Chapter 32,
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Article I, Division 2 –Public Rights-of-Way.As part of this process it is also necessary to
renumber Chapter 32, Article II to accommodate the proposed changes.
The law firm of Kennedy and Graven provided the League of Minnesota Cities a model public
rights-of-way ordinance that incorporates the new requirements of the revised State Statutes.
City staff utilized thismodel ordinance as the foundation for the new ordinancelanguage.The
proposed revisionsallowthe City to review and permit the installation of “small wireless
facilities” within the public rights-of-ways, define the permitting process, set the permitting
requirements, and establish permit fees.
City staff is currently working on the creation of a new permit application strictly for the “small
wireless facilities” within Maplewood’s rights-of-ways. Staff anticipates that the new permit
application will be ready prior to January 1, 2018.
Minnesota State Statutes require changes to the City Code be adopted by the City Council and
published in an official newspaper before it is effective. A statutory city council may publish a
summary of a lengthy ordinance to meeting the publication requirements. Due to the length of
the revised Chapter 32, Article I, Divisionstaff recommends publishing a summary of the new
ordinance. This approval will require a supermajority vote (4 of 5 votes).
Budget Impact
There are no budget impacts associated with this agenda item.
Recommendation
It is recommended that the City Council make and approve the following two separate motions:
a. Approval of an ordinance repealing all provision of Chapter 32, Article I, Division 2 –
Public Rights-of-Way and replacing them with new provisions and subsequently
renumbering sections of Chapter 32, Article II.
b. Approval to utilize a summary ordinance repealing all provisions of Chapter 32, Article I,
Division 2 – Public Rights-of-Way and replacing them with new provisions and
subsequently renumber sections of Chapter32, Article II to meet the publishing
requirements per State Statutes. This item will require a supermajority vote (4 votes out
of 5) for approval.
Attachments
1.City Ordinance – Chapter 32, Article I, Division 2 – Public Rights-of-Way
2.Summary Ordinance – Chapter 32, Article I, Division 2 – Public Rights-of-Way
3.Existing Chapter 32, Article I, Division 2 - Public Rights-of-Way to be repealed
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Ordinance No.____
An Ordinance Repealing All Provisions of Chapter 32, Article I, Division 2 –
Public Rights-of-Way and Replacing Them with New Provisions and
Subseqently Renumbering Sections of Chapter 32, Article II
The Maplewood City Council approves the following revisionsto the Maplewood Code of
Ordinances:
Section 1.Sections 32-04 to 32-26 of the Maplewood City Code are hereby amended by
deleting those sections in entirety.
Section 2. The Maplewood City Code is hereby amended by adding the following:
DIVISION 2. - PUBLIC RIGHTS-OF-WAY
Sec. 32-4. - Findings, purpose and intent.
The City of Maplewood holds the right-of-way within its geographical boundaries as an asset in
trust for its citizens. The city and other public entities have invested millions of dollars in public
funds to build and maintain the right-of-way. It also recognizes that some persons, by placing their
equipment in the right-of-way and charging the citizens of the city for goods and services delivered
thereby, are using this property held for the public good. Although such services are often
necessary or convenient for the citizens, such persons receive revenue and/or profit through their
use of public property. Although the installation of such service delivery facilities are in most cases
necessary and proper use of the right-of-way, the city must regulate and manage such uses.
To provide for the health, safety and welfare of its citizens and to ensure the integrity of its
streets and the appropriate use of right-of-way, the city strives to keep its right-of-way in a state of
good repair and free from unnecessary encumbrances. Although the general population bears the
financial burden for the upkeep of the right-of-way, one of the causes for the early and excessive
deterioration of its right-of-way is frequent excavation or other intrusions into its subsurface area.
Accordingly, the city hereby enacts this new division of this code relating to right-of-way
permits and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at
some future time. It is intended to complement the regulatory roles of state and federal agencies.
Under this division, persons excavating and obstructing the right-of-way will bear financial
responsibility for their work. Finally, this division provides for recovery of out-of-pocket and
projected costs from persons using the public rights-of-way.
This division shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minnesota Statutes Section 237.16, 237.162, 237.163, 237.79, 237.81, and
238.086 (the “Act”) and 2017 Session Laws, Chapter 94 amending the Act and the other laws
governing applicable rights of the city and users of the right-of-way. This division shall also be
interpreted consistent with Minnesota Rules 7819.0050 – 7819.9950 and Minnesota Rules Chapter
7560 where possible. To the extent any provision of this chapter cannotbe interpreted consistently
with the Minnesota Rules, that interpretation most consistent with the Act and other applicable
statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and
police powers of the city toadopt and enforce general ordinances necessary to protect the health,
safety, and welfare of the public.
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The provisions and requirements of this division shallapply to inter-governmental entities that
have joint powers agreements with the city in accordance with the terms of such agreements, and
shall not apply to other right-of-way users exempted by applicable law.
Sec. 32-5. – Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory, administrative
and common law, the city hereby elects, pursuant Minn. Stat. 237163 subd. 2(b), to manage rights-
of-way within its jurisdiction.
Sec. 32-6. - Definitions.
The following definitions apply in this division of this code. References hereafter to “sections”
are, unless otherwise specified, references to section of this division. Defined terms remain defined
terms, whether or not capitalized.
Abandoned Facility. A facility no longer in service and physically disconnected from a portion
of the operating facility, or from any other facility, that is in use or still carries service. A facility is
also abandoned if declared so by the right of way user.
Applicant.Any person or entity requesting permission to excavate or obstruct a right-of-way.
City. The City of Maplewood, Minnesota. For purposes of this division, city also means the
City’s elected officials, officers, employees and agents.
Collocate or Collocation.To install, mount, maintain, modify, operate, or replace a small
wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole
that is owned privately, or by the city or other governmental unit.
Note: See, Minn. Stat. 237.162, Subd. 10.
Commission.The State Public UtilitiesCommission.
Congested Right-of-Way.A crowded condition in the subsurface of the public right-of-way that
occurs when the maximum lateral spacing between existing underground facilities does not allow
for construction of new underground facilities without using hand digging to expose the existing
lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a
continuous length of 500 feet.
Construction Performance Bond.Any of the following forms of security provided atpermittee’s
option:
Individual project bond;
Cash deposit;
Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3;
Letter of Credit, in a form acceptable to the city.
Degradation.A decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way resulting in the need to reconstruct such right-of-way earlier than
would be required if the excavation or disturbance did not occur.
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Degradation Cost. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level
of restoration, as determined by the city at the time the permit is issued, not to exceed the
maximum restoration shown on Maplewood Plates 1 to 13, and set forth in Minnesota Rules parts
7819.9900 to 7819.9950.
Degradation Fee.The estimated fee established at the time of permitting by the city to recover
costs associated with the decrease in the useful life of the right-of-way caused by the excavation,
and which equals the degradation cost.
Department. The department of public works for the city.
Director.The director of the department of public works of the city, or her or his designee.
Delay Penalty.The penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
Emergency.A condition that (1) poses a danger to life or health, or of a significant loss of
property; or (2) requires immediate repair or replacement in order to restore service to a customer.
Equipment.Any tangible asset used to install, repair or maintain facilities in any right-of-way.
Excavate.To dig into or in any way remove or physically disturb or penetrate any part of a
right-of-way.
Excavation Permit.The permit which, pursuant to this division, must be obtained before a
person may excavate in a right-of-way. An excavation permit allows the holder to excavate only in
that part of the right-of-way described in the permit.
Excavation Permit Fee. Money paid to the city by an applicant to cover the costs as provided
in Section 32.15.
Facilityor Facilities. Any tangible asset in the right-of-way required to provide utility service.
The term does not include facilities to the extent the location and relocation of such facilities are
preempted by Minn. Stats.§ 161.45, governing utility facility placement in state trunk highways.
Five-Year Project Plan. Shows capital improvement projects (CIP) adopted by the city for
construction within the next five years.
High Density Corridor.A designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required to
build and install facilities in a common conduit system or other common structure.
Hole. An excavation in the pavement, with the excavation having the excavation length less
than the width of the pavement.
Local Representative.A local person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for the registrant regarding all
matters within the scope of this section.
Management Costs. The actual costs the city incurs in managing its rights-of-way, including
such costs, if incurred, as those associated with registering applicants; issuing, processing, and
verifying right-of-way or small wireless facility permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way
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work; determining the adequacy of right-of-way restoration; restoring work inadequately performed
after providing notice and the opportunity to correct the work; and revoking right-of-way or small
wireless facility permits. Management costs do not includepayment by a telecommunications right-
of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by
the city including fees tied to or based on customer counts, access lines, or revenues generated by
the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of
Minnesota Session Laws 1997, Chapter 123; Minnesota Statues Sections 237.162 or 237.163; or
any ordinance enacted under those sections, or the city fees and costs related to appeals taken
pursuant to Section 32-28onthis division.
Obstruct.To place any tangible object in a right-of-way so as to hinder free and open passage
over that or any part of the right-of-way.
Obstruction Permit. Thepermit which, pursuant to this division, must be obtained before a
person may obstructa right-of-way, allowing the holder to hinder free and open passage over the
specified portion of that right-of-way, for the duration specified in the permit.
Obstruction Permit Fee. Money paid to the city by a permittee to cover the costs as provided
in Section 32-15.
Patchor Patching.A method of pavement replacement that is considered temporary in nature.
A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the
replacement in kind, of the existing pavement for a minimum of two feet beyond the edges of the
excavation in all directions.A patch is considered full restoration only when the pavement is
included in the city's five-year project plan.
Pavement.Any type of improved surface that is within the public right-of-way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Pavement Repair Plates.Drawings and details for the reconstruction and repair of Maplewood
right-of-way pavements (all types) that are herewith copied andadopted from the original 13 plates
as suggested and provided by the Minnesota Public Utilities Commission and any supplemental
additions as provided by the City of Maplewood.
Permit.Has the meaning given “right-of-way permit” in Minnesota Statues, Section 237.162.
Permitee.Any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the city under this division.
Person. An individualor entity subject to all laws and rules of this state, however organized,
whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether
natural, corporate, or political.
Registrantmeans any person or entity that digs, excavates, intrudes or has or seeks to have
its facilities or equipment located in anyright-of-way for temporary or permanent placement.
Probation. The status of a person that has not complied with the conditions of this division.
Probationary Period. One year from the date that a person has been notified in writing that
they have been put on probation.
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Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any
right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or
place its facilities or equipment in the right-of-way.
Restore or Restoration. The process by which the right-of-way and surrounding area,
including pavement, foundation, and turf areas is returned to the same or better condition and life
expectancy that existed before excavation.
Restoration Cost.The amount of money paid to the city by a permittee to achieve the level of
restoration according to plates1 to 13 of Minnesota Public Utilities Commission rules.
Public Right-of-Way or Right-of-Way. The area on, below, or above a public roadway,
highway, street, cart way, bicycle lane, and public sidewalk in which the city has an interest,
including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-
of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire
telecommunications or broadcast services.
Right-of-WayPermit.Either an excavation permit or obstruction permit, or both, depending on
the context, required by this division.
Right-of-WayUser.(1) a telecommunications right-of-way user as defined by Minnesota
Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility in theright-of-way
that is used or is intended to be used for providing utility service, and who has a right under law,
franchise, or ordinance to use the public right-of-way.
Service or Utility Service.Includes:
(1)Those services provided by a public utility as defined in Minn. Stat. 216B.02 subds. 4 and 6;
(2)Services of a telecommunications right-of-way user, including transporting of voice or data
information;
(3)Services of a cable communications system as defined in Minn. Stats. Chapter 238;
(4)Natural gas or electric energy or telecommunications services provided by a local government
unit;
(5)Services provided by a cooperative electric association organized under Minn. Stats. Chapter
308A; and
(6)Water, sewer, steam, cooling, heating services, community television antenna system, fire and
alarm communications, storm sewer, light, or power services including wind generation.
Service Lateral. An underground facility that is used to transmit, distribute or furnish gas,
electricity, communications, or water from a common source to an end use customer. A service
lateral is also an underground facility that is used in the removal of wastewater from a customer’s
premises.
Small Wireless Facility.A wireless facility that meets both of the following qualifications:
(1)Each antenna is located inside an enclosure of no more than six cubic feet in volume or could
fit within such an enclosure; and
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(2)All other wireless equipment associated with the small wireless facility provided such
equipment is, in aggregate, no more than 28 cubic feet in volume , not including electric
meters, concealment elements, telecommunications demarcation boxes, batter backup power
systems, grounding equipment, power transfer switches, cutoff switches, and any equipment
concealed from public view within or behind an existing structure or concealment.
Note: Minn. Stat. 237.162, Subd. 11.
Small Wireless Facility Permit. The permit which, pursuant to this division, must be obtained
to create or install a wireless support structure, to collocate a small wireless facility, or otherwise
install a small wireless facility in the right-of-way.
Supplementary Application. An application made to excavate or obstruct more of the right-of-
way than allowed in, or to extend, a permit that had already been issued.
Temporary Surface.The compaction of subbase and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except
when the replacement is of pavement included in the city’s two-year plan, in which case it is
considered full restoration.
Trench. An excavation in the pavement, with the excavation having a length equal to or
greater than the width of the pavement.
Telecommunications Right-of-Way User. A person owning or controlling a facility in the right-
of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be
used for providing wireless services, or transporting telecommunication or other voice or data
information. For purposes of this division, a cable communication system defined and regulated
under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or
electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a
municipal gas or power agency organized under Minn. Stat. Chap. 453 and 453A, or a cooperative
electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-
way users for purposes of this division except to the extent such entity is offering wireless services.
Two Year Project Plan. Shows projects adopted by thecity for construction within the next two
years.
Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electrical
service.
Note: Minn. Stat. 237.162, Subd. 12.
Wireless Facility.Equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including equipment associated with
wireless service , a radio transceiver, antenna, coaxial or fiber-optic, regular and backup power
supplies, and a small wireless facility, but not including wireless support structures, wireline
backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise
immediately adjacent to and directly associated with a specific antenna.
Note: Minn. Stat. 237.162, Subd. 13.
Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using
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wireless facilities. Wireless service does not include services regulated under Title VI of the
Communications Act of 1934, as amended, including cable services.
Wireless Support Structure. Any new or existing structure in a right-of-way designed to
support or capable of supporting smallwireless facilities, as reasonably determined by the city.
Note: Minn. Stat. 237.162, Subd. 16.
Sec. 32-7. – Administration.
The director isthe principle city official responsible for the administration of the right-of-way,
right-of-way permits, and the ordinances related thereto. The director may delegate any or all of
the duties hereunder.
Sec. 32-8. – Registration and Right-of-Way Occupancy.
(a)Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way
or place any equipment or facilities in or on the right-of-way, including persons with installation
and maintenance responsibilitiesby lease, sublease, or assignment, must register with the
city. Registration will consist of providing application information.
(b) Registration Required Prior to Work.No person may construct, install, repair, remove, relocate
or perform any work on, or use any facilities or any part thereof, in any right-of-way without first
being registered with the city. Such registration shall be made on an application form provided
by the city's department of public works and shall be accompanied by the registration fee set
forth in this Code. Registration and the accompanying fee shall be required each calendar
year.
(c)Exceptions.Nothing herein shall be construed to repeal or amend the provisions of a city
ordinance permitting person to plan or maintain boulevard plantings or gardens in the area of
the right-of-way between their property and the street. Persons planting or maintaining
boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way , and
shall not be required to obtain any permits or satisfy any other requirements for planting or
maintaining such boulevard plantings or gardens under this division. However, nothing herein
relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher
One Call Law.
In addition, the following are not subject to the requirements of this section:
(1)Person or persons planting or maintaining pre-approved boulevard surface plantings or
gardens.
(2)Person or persons installing mail boxes or private sidewalk from street or curb to dwelling
or commercial structure.
(3) Person or persons engaged in commercial or private snow removal activities.
(4) Person or persons installing street furnishings.
(5)Person or persons installing irrigation systems.
(6)City of Little Canada.*
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(7)City of Maplewood.
(8) City of North Saint Paul.
(9)City of Oakdale.*
(10) City of Saint Paul.*
(11)City of Woodbury.*
(12)Board of Water Commissioners of the City of Saint Paul.*
(13)Persons acting as agents, contractors or subcontractors for a registrant who has properly
registered in accordance with this section.
* See appendix I.
Sec. 32-9. – Registration Information.
(a)Information Required.The information provided to the city at the time of registration shall
include, but not be limited to:
(1)Each registrant’s name, Gopher One-Call registration certificate number, address and
email address, if applicable, and telephone andfacsimile numbers.
(2)The name, address, and email address, if applicable, and telephone and facsimile numbers
of a local representative. The local representative or designee shall be available at all
times. Current information regarding how to contact thelocal representative in an
emergency shall be provided at the time of registration.
(3)A certificate of insurance or self-insurance:
(i)Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in thestate of Minnesota, or a form of self-
insurance acceptable to the city;
(ii)Verifying that the registrant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the (i) use and
occupancy of the right of way by the registrant, its officers, agents, employees, and
permittees, and (ii) placement and use of facilities and equipment in the right of
way by the registrant, its officers, agents, employees, and permittees, including, but
not limited to, protection against liability arising from completed operations,
damage of underground facilities, and collapse of property;
(iii)Naming the city as an additional insured as to whom the coverages required herein
are in force and applicable and for whom defense will be provided as to all such
coverages;
(iv)Requiring that the city be notified thirty (30) days in advance of cancellation of the
policy or material modification of a coverage term; and
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(v)Indicating comprehensive liability coverage, automobile liability coverage, workers’
compensation and umbrella coverage established by the city in amounts sufficient
to protect the city and the public and to carry out the purposes and policies of this
chapter.
(vi)The city may require a copy of the actual insurance policies.
(vii)Ifthe person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. § 300.06 as recorded and certified to by the secretary of state.
(viii)A copy of the person’s order granting a certificate of authority from the Minnesota
Public Utilities Commission or other authorization or approval from the applicable
state or federal agency to lawfully operate, where the person is lawfully required to
have such authorization or approval from said commission or other state or federal
agency.
(ix)General liability.
Public liability, including premises, products and complete operations:
Bodily injury liability - $1,500,000.00 each person, $3,000,000.00 each
occurrence.
Property damage liability - $3,000,000.00 each occurrence.
In lieu of (1) and (2) bodily injury and property damage combined - $3,000,000.00
single limit.
(x)Comprehensive.
Automobile liability insurance, including owned, non-owned and hired vehicles:
Bodily injury liability - $1,500,000.00 each person, $3,000,000.00 each
occurrence.
Property damage liability - $3,000,000.00 each occurrence.
In lieu of (1) and (2) bodily injury and property damage combined - $3,000,000.00
single limit.
(4)An acknowledgment by the registrant of the indemnification pursuant to this Code.
(5)Such additional information as the city may require.
(b)Notice of Changes. The registrant shall keep all of the information listed above current at all
times by providing to the city information as to changes within fifteen (15) days following the
date on which the registrant has knowledge of any change.
Sec. 32-10. - Reporting Obligations.
(a)Operations. Each registrant shall, at the time of registration and not later than November 1of
eachyear, file a proposed construction and major maintenance plan for underground facilities
with the city. Such plan shall be submitted using a format designated by the city and shall
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contain the information determined by the city to be necessary to facilitate construction
coordination and reduction in the frequency of excavations and obstructions ofright-of-way.
The plan shall include, but not be limited to, the following information:
(1)To the extent known, the locations and the estimated beginning and ending dates of all
projects to be commenced during the next calendar year(in this section, a “next year
project”); and
(2)To the extent known, the tentative locations and estimated beginning and ending dates
for all projects contemplated for the five years following the next calendar year(in this
section, a “five-year project”).
The term “project” in this section shall include both next-year projects and five-year projects.
By January 1 of each year, the city will have available for inspection in the public works
department office a composite list of all projects of which thecity has been informed of the
annual plans.All registrants are responsible for keeping themselves informed of the current
status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and mustnotify the city and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of
another registrant listed by the other registrant.
(b)Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny an
application for a right-of-way permit for failure to include a project in a plan submitted to the city
if the registrant has used commercially reasonable efforts to anticipate and plan for the project.
Sec. 32-11. - Permit requirement.
(a)Permit Required. Except as otherwise provided in this code, no person may obstruct or
excavate any right of way, or install or place facilities in the right-of-way, without first having
obtained the appropriate right-of-way permit from the city to do so.
(1)Excavation Permit. An excavation permit is required by a registrant to excavate that part
of the right-of-way described in such permit and to hinder free and open passage over the
specified portion of the right-of-way by placing facilities described therein, to the extent
and for the duration specified therein.
(2)Obstruction Permit. An obstruction permit is required by a registrant to hinder free and
open passage overthe specified portion of right-of-way by placing equipment described
therein on the right-of-way, to the extent and for the duration specified therein. An
obstruction permit is not required if a person already possesses a valid excavation permit
for the same project.
(3)Small Wireless Facility Permit. A small wireless facility permit is required by a registrant
to erect or install a wireless support structure, to collocate a small wireless facility, or to
otherwise install a small wireless facility in thespecified portion or the right-of-way, to the
extent specified therein, provided that such permit shall remain in effect for the length of
time the facility is in use, unless lawfully revoked.
Note: Minn. Stat. 237.163, Subd. 13.
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(b)Permit Extensions. No person mayexcavate or obstruct the right-of-way beyond the date or
dates specified in the permit unless (i) such person makes a supplementary application for
another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or
permit extension is granted. Noperson may do any work outside the area specified in the
permit unless such person makes a supplementary application before the expiration of the
permit. Payment of all fees for an extension of the permit is required before extension may be
granted by thecity;
If the work could not be completed because of circumstances beyond the control of the permit
holder or the work was delayed or prohibited by unseasonable or unreasonable conditions, the
city may grant and extend the completion date of the work.
(c)Delay penalty. In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding
subsection (b) of this section, the city shall establish and may impose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The
delay penalty shall be established from time to time by City Council resolution. A delay penalty
will not be imposed if the delay is due to circumstances beyond the control of the applicant,
including without limitation inclement weather, acts of God, or civil strife.
(d)Permit Display. Permits issued under this section shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection
by the city.
Sec. 32-12. - Permit Applications.
(a) Applications.An application for a permit is made to the city and shall be made on forms
provided by the city. If the work is to be performed by an agent, contractor, or subcontractor
on behalf of the registrant, such application shall be signed by the registrant. Right-of-way
permit applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions:
(1)Registration with the city pursuant to this division.
(2)Submission of a completed permit application form, including all required attachments,
and scaled drawings showing the location and area of the proposed project and the
location of all known existing and proposed facilities.
(3)Payment of money due the city for:
(i)permit fees, estimated restoration costs, and other management costs;
(ii)prior obstructions or excavations;
(iii)any undisputed loss, damage, or expense suffered by the city because of applicant’s
prior excavations or obstructions of the rights-of-way or any emergency actions taken
by the city;
(iv)franchise fees or other charges, if applicable.
(4)Payment of disputed amounts due the city by posting security or depositing in an escrow
account an amount equal to at least 110 percent of the amount owing.
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(5)Posting an additional or larger construction performance bond for additional facilities when
applicant requests an excavation permit to install additional facilities and the city deems
the existing construction performance bond inadequate under applicable standards.
(6)Any other information reasonably required by the city.
(b) Security.A construction performance bond in an amount determined by the city shall be
required from each applicant. The applicant, at its option, may post security sufficient to cover
all projects contemplated for the current calendar year. The bond must be approved by the
city attorney. Security required pursuant to this subsection shall be conditioned that the holder
will perform the work in accordance with this division and applicable regulations and will pay to
the city any costs incurred by the city in performing work pursuant to this division. Said
conditions will indemnify and save the city and its officers, agents and employees harmless
against any and all claims, judgment or other costs arising from any excavation and related
work covered by the permit. The bond or any unused portions of a cash deposit shall be
released by the city upon completion of the work and compliance with all conditions imposed
by theright-of-way permit. Forpermits allowing excavations within public streets, such bond
or unused part of a cash deposit shall be held for a period of 24 months to guarantee
adequacy of all restoration work.
Sec. 32-13. – Issuance of Permit; Conditions.
(a)Permit Issuance. If theapplicant has satisfied the requirements of this division, the city shall
issue a permit.
(b)Conditions. The city may impose reasonable conditions upon the issuance of the permit and
the performance of the applicant thereunder to protect the health, safety,and welfare or when
necessary to protect the right-of-way and its current use. In addition, a permittee shall comply
with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§
216D.01 - .09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560.
(c)Small Wireless Facility Conditions. In addition to subdivision 2, the erection or installation of a
wireless support structure, the collocation of a small wireless facility, or other installation of a
small wireless facility in the right-of-way, shall be subject to the following conditions:
(1)A small wireless facility shall only be collocated on the particular wireless support structure,
under those attachment specifications, and at the height indicated in the applicable permit
application.
(2)No new wireless support structure installed within the right-of-way shall exceed 50 feet in
height without the city’s written authorization, provided that the city may impose a lower
height limit in the applicable permit to protect the public health, safety and welfare or to
protect the right-of-way and its current use, and further provided that a registrant may
replace an existing wireless support structure exceeding 50 feet in height with a structure of
the same height subject to such conditions or requirements as may be imposed in the
applicable permit.
(3)No wireless facility may extend more than 10 feet above its wireless support structure.
(4)Where an applicant proposes to install a new wireless support structure in the right-of-way,
the city may impose separation requirements between such structure and any existing
wireless support structure or other facilities in and around the right-of-way.
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(5)Where an applicant proposes collocation on a decorative wireless support structure,sign or
other structure not intended to support small wireless facilities, the city may impose
reasonable requirements to accommodate the particular design, appearance or intended
purpose of such structure.
(6)Where an applicant proposes to replace a wireless support structure, the city may impose
reasonable restocking, replacement, or relocation requirements on the replacement of such
structure.
(d)Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small
wireless support structure owned or controlled by the city, or any other city asset in the right-of-
way, after the applicant has executed a standard small wireless facility collocation agreement
with the city. The standard collocation agreement may require payment of the following:
(1)Up to $150 per year for rent to collocate on the city structure.
(2)$25 per year for maintenance associated with the collocation;
(3)A monthly fee for electrical service as follows:
(i)$73 per radio node less than or equal to 100 maximum watts;
(ii)$182 per radio node over 100 maximum watts; or
(iii)The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small
wireless facility permit, provided, however, that the applicant shall not be additionally required
to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit
does not supersede, alter or affect any then-existing agreementbetween the city and applicant.
(e)Dumpsters/portable-on-demand-storage (POD) units.The placement of dumpsters or POD
units in the street portion of theright-of-way is not allowed. Dumpsters or POD units may be
placed within the boulevard or driveway portions of the right-of-way provided that they do not
obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous
conditions. In extraordinary circumstances, the city right-of-way engineer may make exceptions
to this provision and applicant shall be subject to the permitting and fee requirements of this
division.
(f)Exceptions.No permit shall be required for the following:
(1)Approved surface landscaping work.
(2)Approved private sidewalks, street furnishings, posts and pillars.
(3)Snow removal activities.
(4)Irrigation systems provided that the system does not connect directly to water mains in
the right-of-way installed at the property owner risk.
(5)Activities of the City of Maplewood.
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(6)If granted approval by the city, piercing or drilling a street or sidewalk/trail pavement for
the purpose of exploratory examination or utility depth determination.
Sec. 32-14. – Action on Small Wireless Facility Permit Applications.
(a)Deadline for Action. The city shall approve or deny a small wireless facility permit application
within 90 days after filing of such application. The small wireless facility permit, and any
associated building permit application, shall be deemed approved if the city fails to approve or
deny the application within the review periods established in this section.
(b)Consolidated Applications. An applicant may file a consolidated small wireless facility permit
application addressing the proposed collocation of up to 15 small wireless facilities, or a greater
number if agreedto by a local government unit, provided that all small wireless facilities in the
application:
(1)are located within a two-mile radius;
(2)consist of substantially similar equipment; and
(3)are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve some small
wireless facilities and deny others, but may not use denial of one or more permits as a basis to
deny all small wireless facilities in the application.
(c)Tolling of Deadline.The 90-day deadline for action on a small wireless facility permit
application may be tolled if:
(1)The city receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the city may
extend the deadline for all such applications by 30 days by informing the affected
applicants in writing of such extension.
(2)The applicant fails to submit all required documents or information and the city provides
written notice of incompleteness to the applicant within 30 days of receipt the application.
Upon submission of additional documents or information, the city shall have ten days to
notify the applicant in writing of any still-missing information.
(3)The city and a small wireless facility applicant agree in writing to toll the review period.
Sec. 32-15. - Permit Fees.
(a)Excavation Permit Fee. The city shall impose an excavation permit fee in an amount sufficient
to recover the following costs:
(1)the city management costs;
(2)degradation costs, if applicable.
(b)Obstruction Permit Fee. The city shall impose an obstruction permit fee in an amount sufficient
to recover the city management costs.
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(c)Small Wireless Facility Permit Fee. The city shall impose a small wireless facility permit fee in
an amount sufficient to recover:
(1)management costs, and;
(2)city engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
(d)Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without
payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees
within thirty (30) days of billing.
(e)Non Refundable.Permit fees that were paid for a permit that the city has revoked for a breach
as stated in Section 32-26are not refundable.
(f)Application to Franchises. Unless otherwise agreed to in a franchise, management costs may
be charged separately from and in addition to the franchise fees imposed on a right of way user
in the franchise.
Sec. 32-16. - Right of Way Patching and Restoration.
(a)Timing. The work to be done under the excavation permit, and the patching and restoration of
the right of way as required herein, must be completed within the dates specified in the permit,
increased by as many days as work could not be done because of circumstances beyond the
control of the permittee or when work was prohibited as unseasonal orunreasonable under
Section 32-20.
(b)Patch and Restoration. Permittee shall patch its own work. The city may choose either to have
the permittee restore the right of way or to restore the right of way itself.
(1)City Restoration. If the city restores the right of way, permittee shall pay the costs thereof
within thirty (30) days of billing. If, following such restoration, the pavement settles due to
permittee’s improper backfilling, the permittee shall pay to the city, within thirty (30) days of
billing, all costs associated with correcting the defective work.
(2)Permittee Restoration.If the permittee restores the right of way itself, it shall at the time of
application for an excavation permit post a construction performance bond in accordance
with the provisions of Minn. Rule 7819.3000.
(3)Degradation Fee in Lieu of Restoration. In lieu of right of way restoration, a right of way
user may elect to pay a degradation fee. However, the right of way user shall remain
responsible for patching and the degradation fee shall not include the cost to accomplish
these responsibilities.
(c)Standards. The permittee shall perform excavation, backfilling, patching, and restoration
according to the standards and with the materials specified by the city and shall comply with
Minn. Rule 7819.1100.
(d)Duty to Correct Defects. The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the city, shall correct
all restoration work to the extent necessary, using the method required by the city. Said work
shall be completed within five (5) calendar days of the receipt of the notice from the city, not
including days during which work cannot be done because of circumstances constituting force
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majeure or days when work is prohibited as unseasonable orunreasonable under Section 32-
20.
(e)Failure to Restore.If the permittee fails to restore the right of way in the manner and to the
condition required by the city, or fails to satisfactorily and timely complete all restoration
required by the city, the city at its option may do such work. In that event the permittee shall
pay to the city, within thirty (30) days of billing, the cost of restoring the right of way. If permittee
fails to pay as required, the city may exercise its rights under the construction performance
bond.
Sec. 32-17. - Standards for construction or installation.
(a)General standards. The permit holder shall comply with the following standards, to the extent
consistent with applicable Minnesota rules, when performing the work authorized under the
permit:
(1)Take such precautions as are necessary to avoid creating unsanitary or unsafe
conditions. Observe and comply with all laws, rules and regulations of the state and local
governments.
(2)Conduct the operations and perform the work in a manner as to insure the least
obstruction to and interference with traffic.
(3)Take adequate precautions to insure the safety of the general public and those who
require access to abutting property.
(4)Notify adjoining property owners prior to commencement of work which may disrupt the
use of and access to such adjoining properties.
(5)Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during
construction or installation.
(6)Exercise precaution at all times for the protection of persons, including employees and
property.
(7)Protect and identify excavations and work operations with barricade flags and if required,
by flagmen in the daytime and by warning lights at night.
(8)Provide proper trench protection as required by O.S.H.A.
(9)Protect the root growth of trees and shrubbery.
(10)Where possible, provide for space in the installation area for other telecommunication
right-of-way users and companies which install facilities in public right-of-way.
(11)Maintain maximum access to all properties and cross streets as possible during
construction operations and maintain emergency vehicle access at all times.
(12)Maintain planned alignment and grade unless otherwise authorized by the city. Field
changes not approved by the city will require removal and reconstruction.
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(13)During trenching of facilities, a warning tape must be placed at a depth of 12 inches
above all copper cables with over 200 pairs and above any fiber facilities.
(14)Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be
installed in conduit of a type approved by the city.
(15)The placing of all telecommunications facilities must comply with the National Electric
Safety Code, as incorporated by reference in Minn. Stats. § 326.243.
(16)Locate all property lines near right-of-way lines and replace any disturbed property corner
markers or judicial monuments. A Minnesota licensed surveyor must be used in the
replacement of disturbed property corners markers or judicial monuments.
(17)Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or
curbing shall be sheathed and braced depending upon location and soil stability and as
directed by the city.
(18)Excavating, trenches and jacking pits shall be protected when unattended to prevent
entrance of surface drainage.
(19)All backfilling materials must be placed in six-inch lifts (maximum) at optimum moisture
and compacted with the objective of attaining 95 percent of standard Proctor density.
Compaction shall be accomplished with hand, pneumatic or vibrating compactors as
appropriate.
(20)Backfill material shall be subject to the approval of the city. The city may permit
backfilling with the material from the excavation provided such material is granular in
nature and acceptable to the city.
(21)Compacted backfill shall be brought to bottom of the gravel of the approved street
section.
(22)All work performed in the right-of-way shall be done in conformance with Maplewood
Plates 1 to 13, unless a less stringent standard is approved by the city.
(23)Street and pedestrian traffic shall be maintained throughout construction unless provided
otherwise by the permit.
(24)No road surface damaging lugs, cleats or equipment may be used or driven upon paved
city street surfaces.
(25)Dirt, trash or other debris must be periodically removed during construction.
(26)Other reasonable standards and requirements of the city.
(b)Standards for installation of underground utilities.The permit holder shall comply with the
following standards when installing facilities underground:
(1)Underground facilities must be placed as far off the roadway as possible to provide
access from outside of the paved area.
(2)Buried fiber facilities shall be at a minimum depth of three feet and a maximum depth of
four feet unless an alternate location is approved by the city.Buried copper facilities
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beneath concrete or bituminous paved road surfaces must be placed at no less than three
feet but no more than four feet deep. Other buried copper facilities must be placed at a
minimum depth of 30 inches and a maximum depth of four feet.
(3)Crossing of streets and hard surfaced driveways shall be directional bored unless
otherwise approved by the city.
(4)If construction is open cut, the permit holder must install the visual tracers approximately
12 inches above buried facilities. If other construction methods are used, substitute
location methods will be considered.
(5)The permit holder shall register with Gopher State One Call and comply with the
requirements of that system.
(6)Compaction in trench backfill material shall be 95 percent of the standard Proctor density
and copies of test results shall be submitted to the city. All tests and their locations shall
be determined by the city. Tests must be conducted by an independent testing firm
approved by the city. Street pavement replacement will not be permitted until sub-base
densities are approved by the city. Testing shall be required at the discretion of theright-
of-way engineer.
Street pavement structure and materials shall be as specified by the city and repaved in
accordance with Maplewood Plates 1-13. All pavement replacement shall be done in the
presence of a city inspector with certified pavement material to city specifications.
(7)The facilities shall be located so as to avoid traffic signals and signs which are generally
placed a minimum of five feet behind the curb.
(8)When utilizing trenchless installation methods to cross an area in which a municipal utility
is located, and/or when directed by the city, the permit holder shall excavate an
observation hole over the utility to ensure that the city utility is not damaged. Observation
holes shall not be backfilled until viewed and approved by the city right-of-way inspector.
(9)All junction boxes or access points shall be located no closer than ten feet from municipal
fire hydrants, valves, manholes, lift stations or catch basins unless an alternate location is
approved by the city.
(10)Underground facilities shall not beinstalled between a hydrant and an auxiliary valve.
(11)Underground facilities shall not be installed within five feet of hydrants, valves, lift stations
or manholes in areas where utility easements exist beyond the right-of-way. In those
areas in which no utility easement exists, placement of an underground facility shall be
between the edge of pavement and no closer than three feet to an existing municipal
utility appurtenance unless approved by the city.
(12)In areas where an extensive effort to determine the location of municipal utility lines will
be required to accommodate the installation of private facilities, the city's representative
for Gopher State One Call must be contacted by the permit holder two weeks prior to the
beginning of the work to schedule meetings.
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(13)Buried telecommunication facilities must have a locating wire or conductive shield, except
for di-electric cables.
(14)Buried fiber facilities must be placed in a conduit of a type determined by theright-of-way
user unless the permit holder obtains a waiver from the city.
(15)The standards set forth in the standards of installation of water mains required by the
Board of Water Commissioners of the City of Saint Paul.
(c)Standards for installation of overhead facilities. The permit holder shall comply with the
following standards when installing facilities overhead:
(1)All wires must be in compliance with the National Electric Safety Code and at a location
that does not interfere with traffic signals, overhead signs, or streetlights.
(d)Standards for wireless telecommunication facilities.
(1)Purpose. The City of Maplewood desires high quality wireless communication services to
accommodate the needs of residents and businesses. At the same time, the city strives to
minimize the negative impacts that wireless telecommunication facilities can have on
aesthetics and public safety. Due to the many services that must be delivered within its
limited area, the city also strives to avoid unnecessary encumbrances within the public
right-of-way. The city allows and regulates wireless telecommunication facilities outside
of the public right-of-way through performance standards and height limits. The purpose
of this section is to regulate wireless telecommunication facilities within the public right-of-
way in a manner that balances desire for service with aesthetic, public safety, and right-
of-way flexibility concerns.
(2)Wireless telecommunication facilities as pole attachments. Wireless telecommunication
facilities that comply with the following requirements may be attached to existing public
utility structures within theright-of-wayafter issuance of a pole attachment permit.
a.The wireless telecommunication facility shall not extend above the top of the existing
public utility structure and the height of the existing public utility structure shall not be
increased to accommodate the wireless telecommunication facility.
b.If the public utility structure must be replaced to structurally accommodate the
wireless telecommunication facility, the replacement public utility structure height
shall not exceed the existing public utility structure height and the replacement public
utility structure diameter shall not exceed the existing public utility structure diameter
by more than 50 percent.
c.The wireless telecommunication facility shall not be larger than three cubic feet and
shall have no individual surface larger than four square feet.
d.The wireless telecommunication facility shall not extend outward from the existing
pole or tower or arm thereof by more than two and one-half feet, except that an
antenna one-half-inch in diameter or less may extend an additional six inches.
e.The wireless telecommunication facility shall include no ground-mounted equipment.
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f.The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this Code.
g.Wireless telecommunication facilities in the right-of-way shall be removed and
relocated at city request subject to the provisions of this division.
h.The wireless telecommunication facility shall not block light emanating from the
public utility structure and shall not otherwise interfere with the original use of the
public utility structure.
(3)Wireless telecommunication facilities as pole extensions or with ground-mounted
equipment.Wireless telecommunication facilities that require increased public utility
structure height or that have ground-mounted equipment may be erected in the public
right-of-way only when in compliance with the following provisions and after issuance of a
pole attachment permit or excavation permit:
a.The applicant shall demonstrate to the satisfaction of the city or his/her designee that
the wireless telecommunication facility cannot be placed in a Code-complying
location outside the right-of-way within one-quarter-mile of the proposed location.
b.The replacement public utility structure, including lightning rods and all other
attachments, shall not exceed the height of the existing public utility structure by
more than 15 feet. Once the height of a public utility structure has been increased
under the provisions of this section, the height shall not be further increased.
c.The replacement public utility structure diameter shall not exceedthe existing public
utility structure diameter by more than 50 percent.
d.The wireless telecommunication facility shall not extend outward from the public
utility structure by more than two feet.
e.If feasible and desirable, as determined by the city,the replacement public utility
structure shall match the original and surrounding public utility structures in materials
and color.
f.The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this Code.
g.A pole attachment or excavation permit for a wireless telecommunication facility that
has ground-mounted equipment will be issued only if the issuing authority finds the
following:
1.The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
2.The ground-mounted equipment will not create a safety hazard;
3.The location of the ground-mounted equipment minimizes impacts on adjacent
property; and,
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4.The ground-mounted equipment will not adversely impact the health, safety, or
welfare of the community.
h.Ground-mounted equipment associated with the wireless telecommunication facility
shall meet the following performance standards:
1.Be set back a minimum of ten feet from the edge of street or curb line;
2.Be separated from a sidewalk by a minimum of three feet;
3.Be set back a minimum of 50 feet from the nearest intersectingright-of-way line;
4.Be separated from the nearest ground-mounted wireless telecommunication
equipment installation on the same block face by a minimum of 330 feet unless
the equipment is placed underground;
5.If located adjacent to residential uses, ground-mounted equipment shall be
limited to three feet in height above grade and 27 cubic feet in cumulative size;
6.If located adjacent to nonresidential uses, ground-mounted equipment shall be
limited to five feet in height above grade and 81 cubic feet in cumulative size;
7.Ground-mounted equipment located outside the public right-of-way shall
conform to the requirements of this Code.
8.Vegetative or other screening compatible with the surrounding area shall be
provided around the ground-mounted equipment if deemed necessary by the
city.
i.Wireless telecommunication facilities in the right-of-way shall be removed and
relocated at city request subject to the provisions of this division.
(4)New poles.The construction in the right-of-way of a new pole to support wireless
telecommunication facilities is not allowed, except as a replacement of an existing public
utility structure subject to the requirements of this section.
(5)Charges.In addition to the permit fees outlined in this Code, the city reserves the right to
charge telecommunication providers for their use of the public right-of-way to the extent
that such charges are allowed under state law. Telecommunication providers shall be
responsible for payment of property taxes attributable to their equipment in the public
right-of-way.
Sec. 32-18. - Joint Applications.
(a)Joint Application. Registrants may jointly applyfor permits to excavate or obstruct the right-of-
way at the same place and time.
(b)Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which
the city does not perform, may share in the payment of the obstruction or excavation permit fee.
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In order to obtain a joint permit, registrants must agree among themselves as to the portion
each will pay and indicate the same on their applications..
(c)With city projects. Registrants who join in a scheduled obstruction or excavation performed by
the city, whether or not it is a joint application by two or more registrants or a single application,
are not required to pay the excavation or obstruction and degradation portions of the permit fee,
but a permit would still be required.
Sec. 32-19.- Supplementary Applications.
(a)Limitation on Area.A right of way permit is valid only for the area of the right of way specified in
the permit. No permittee may do any work outside the area specified in the permit, except as
provided herein. Anypermittee which determines that an area greater than that specified in the
permit must be obstructed or excavated must before working in that greater area (i) make
application for a permit extension and pay any additional fees required thereby, and (ii) be
granted a new permit or permit extension.
(b)Limitation on Dates.A right of way permit is valid only for the dates specified in the permit. No
permittee may begin its work before the permit start date or, except as provided herein,
continue working afterthe end date. If a permittee does not finish the work by the permit end
date, it must apply for a new permit for the additional time it needs, and receive the new permit
or an extension of the old permit before working after the end date of the previous permit. This
supplementary application must be submitted before the permit end date.
Sec. 32-20. - Other Obligations.
(a)Compliance with Other Laws. Obtaining a right of way permit does not relieve permittee of its
duty to obtain all other necessary permits, licenses, and authority and to pay all fees required
by the city or other applicable rule, law or regulation. A permittee shall comply with all
requirements of local, state and federal laws, including but not limited to Minn. Stat. §§
216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. A permittee
shall perform all work in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right of way pursuant to its permit,
regardless of who does the work.
(b)Prohibited Work. Except in an emergency, and with the approval of the city, no right-of-way
excavation or obstruction may be done when seasonally prohibited or when conditions are
unreasonable for such work.
(c)Interference with Right-of-way. A permit holder shall not so obstruct a right-of-way that the
natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles of those doing work in the right of way may not be parked
within or next to a permit area, unless parked in conformance with city parking regulations. The
loading or unloading of trucks must be done solely within the defined permit area unless
specifically authorized by the permit.
(d)Trenchless excavation.As a condition of all applicable permits, permittees employing
trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall
follow all requirements set forth in Minn. Stat. ch. 216D and Minn. R., ch. 7560 and shall require
potholing or open cutting over existing underground utilities before excavating, as determined
by the director.
Sec. 32-21. - Denialof permit.
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(a)Reasons for Denial.The city may deny a permit for failure to meet the requirements and
conditions of this chapter or if the city determines that the denial is necessary to protect the
health, safety, and welfare of the public or whennecessary to protect the right-of-way and its
current useor for any of the following grounds:
(1)Failure to register pursuant to requirements of this Code.
(2)The applicant is subject to revocation of a prior permit issued pursuant to this division.
(3)The proposed schedule for work would conflict or interfere with an exhibition, celebration,
festival or any other similar event.
(4)The proposed schedule conflicts with scheduled or total or partial reconstruction of the
right-of-way.
(5)The applicant fails to comply with the requirementsor other provisions of this Code.
(b)Procedural Requirements. The denial or revocation of a permit must be made in writing and
must document the basis for the denial. The city must notify the applicant or right-of-way user
in writing within three business days of the decision to deny or revoke a permit. If an
application is denied, the right-of-way user may address the reasons for denial identified by the
city and resubmit its application. If the application is resubmitted within 30 days of receipt of the
notice of denial, no additional application fee shall be imposed. The city must approve or deny
the resubmitted application within 30 days after submission.
Sec. 32-22. - Emergencies and work done without a permit.
Each registrant shall immediately notify the city and all other affected parties or property
owners of any event regardingits facilities which it considers to be an emergency. The registrant
may proceed to take whatever actions are necessary to respond to the emergency. If the registrant
has not been issued the required permit, the registrant shall, within two business days after the
occurrence of the emergency, apply for the necessary permits, pay the permit fees (where
necessary) and fulfill the remaining requirements necessary to bring itself into compliance with this
article for the actions it took in response to the emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city shall
attempt to contact the local representative of each registrant affected, or potentially affected, by the
emergency. The city may take whatever action deemed necessary to respond to the emergency,
the cost of which shall be borne by the registrant whose facilities occasioned the emergency.
Except in an emergency, any person who, without first having obtained the necessary permit,
obstructs or excavates aright-of-way must subsequently obtain a permit and (where appropriate)
as a penalty, pay twice the normal fee for the permit and shall deposit with the city the fees
determined to correct any damage to the right-of-way.
Sec. 32-23. - Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right
of way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable
local requirements, in so far as they are not inconsistent with the Minn. Stat., §§ 237.162 and
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237.163. Installation of service laterals shall be performed in accordance with Minn. R., ch 7560
and these ordinances. Service lateral installation is further subject to those requirements and
conditions set forth by the city in the applicable permits and/or agreements referenced in Section
32-29 subd. (b)of this ordinance.
Sec. 32-24. - Inspection.
(a)Notice of Completion. When the work under any permit hereunder is completed, the permittee
shall furnish a completion certificate in accordance Minn. Rule 7819.1300.
(b)Site Inspection.Permittee shall make the work site available to the city and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon
completion of thework.
(c)Authority of Director.
(1)At the time of inspection, the director may order the immediate cessation of any work which
poses a serious threat to the life, health, safety, or well-being of the public.
(2)The director may issue an order to the permittee for any work that does not conform to the
terms of the permit or other applicable standards, conditions, or codes. The order shall
state that failure to correct the violation will be cause for revocation of the permit. Within
ten (10) days after issuance of the order, the permittee shall present proof to the director
that the violation has been corrected. If such proof has not been presented within the
required time, the director may revoke the permit pursuant to Sec. 32-26.
Sec. 32-25. - Work Done Without aPermit.
(a)Emergency Situations. Each registrant shall immediately notify the director of any event
regarding its facilities that it considers to be an emergency. The registrant may proceed to
take whatever actions are necessary to respond to the emergency. Excavators’ notification to
Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply
for the necessary permits, pay the fees associated therewith, and fulfill the rest of the
requirements necessary to bring itself into compliance with this chapter for the actions it took in
response to the emergency.
If the city becomes aware of an emergency regarding a registrant’s facilities, the city will
attempt to contact the local representative of each registrant affected, or potentially affected, by
the emergency. In any event, the city may take whatever action it deems necessary to respond
to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned
the emergency.
(b)Non-Emergency Situations. Except in an emergency, any person who, without first having
obtained the necessary permit, obstructs or excavates a right of way must subsequently obtain
a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other
fees required by the city code, deposit with the city the fees necessary to correct any damage
to the right of way, and comply with all of the requirements of this chapter.
Sec. 32-26. - Revocation of permits.
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(a)Substantial breach. The city may revoke a right-of-way permit, without a fee refund, if there is
a substantial breach of the terms or conditions of any statute, this Code, rule or regulation, or
any condition of the permit. A substantial breach of a permit holder shall include, but not
limited to, the following:
(1)The violation of any material provision of the permit.
(2)Any material misrepresentation of fact in the application for a permit.
(3)The failure to maintain the required bonds or other security and insurance.
(4)The failure to complete the work in a timely manner.
(5)The failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions or codes, upon inspection and notification by the city of the faulty
condition.
(6)An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens.
(7)Thefailure to comply with the terms and conditions of any applicable federal, state and
local laws, rules and regulations, including any provision of this division.
(b)Notice of breach. If the city determines that a permit holder has committed a substantial
breach of a term or condition of any statute, this Code, rule or regulation or any condition of
the permit, the city shall make a written demand upon the permit holder to remedy such
violation within a reasonable period of time or be subject to potential revocation of the permit.
The city may impose additional or revised conditions on the permit to mitigate or remedy the
breach.
(c)Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the
breach, permittee shall providethe city with a plan, acceptable to the city, that will cure the
breach. Permittee’s failure to so contact the city, or permittee’s failure to timely submit an
acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be
cause for immediate revocation of the permit. Further, permittee’s failure to so contact the city,
or permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably
implement the approved plan, shall automatically place the permitteeon probation for one (1)
full year.
(d)Reimbursement of city costs.If a permit is revoked, the permit holder shall reimburse the city
for itsreasonable costs, including restoration costs and the costs of collection and reasonable
attorneyfees incurred in connection with therevocation.
Sec. 32-27. - Supplementary Notification.
If the obstruction or excavation of the right of way begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate informationas soon as this
information is known.
Sec. 32-28. - Appeal.
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(a)Filing of appeal. Any person aggrieved by, (i) the denial of a permit application; (ii) the denial
of a registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule
imposed by this Code, may appeal to the city council by filing a written notice of appeal with
the city clerk. Said notice must be filed within 20 days of the action causing the appeal.
(b)Notice of hearing.The city council shall hear the appeal at its next regularly scheduled
meeting, unless the time is extended by agreement of the parties.Notice of the date, time,
place and purpose of the hearing shall be mailed to the appellant.
(c)Hearing and decision. The city council shall, at the hearing, consider any evidence offered by
the appellant, the city and any other person wishing to be heard. The council shall issue a
written decision within 30 days of the completion of the hearing.
Sec. 32-29.- Mapping data.
(a)Information Required. Each registrant and permittee shall provide mapping information
required by the city in accordance with Minn. R. 7819.4000 and 7819.4100. Within ninety (90)
days following completion of any work pursuant to a permit, the permittee shall provide the
director accurate maps and drawings certifying the “as-built” location of all equipment installed,
owned, and maintained by the permitteewith the location based on:
(1)Offsets from property lines, distances from the centerline of the publicright-of-way and
curb lines as determined by the city; or
(2)Ramsey County Coordinate System; or
(3)Any other system agreed upon by the right-of-way user and the city;
(4)The type and size of the utility;
(5)A description showing above-ground appurtenances;
(6)A legend explaining symbols, characters, abbreviations, scale and other data shown
on the map; and
(7)Any facilities to be abandoned, if applicable, in conformance with Minn. Stats. §
216D.04, subd. 3.
Such maps and drawings shall include the horizontal and vertical location of all facilities and
equipment and shall be provided consistent with the city’s electronic mapping system, when
practical or as a condition imposed by the director. Failure to provide maps and drawings
pursuant to this subsection shall be grounds for revoking the permit holder’s registration.
(b)Service Laterals. All permits issued for the installation or repair of service laterals, other than
minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee’s use of
appropriate means of establishing the horizontal locations of installed service laterals and the
service lateral vertical locations in those cases where the director reasonably requires it.
Permittees or their subcontractors shall submit to the director evidence satisfactory to the
directorof the installed service lateral locations. Compliance with this subdivision 2 and with
applicable Gopher State One Call law and Minnesota Rules governing service laterals installed
after Dec. 31, 2005, shall be a condition of any city approval necessaryfor:
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(1)payments to contractors working on a public improvement project, including those
under Minn. Stat. ch. 429, and
(2)city approval under development agreements or other subdivision or site plan approval
under Minn. Stat. ch. 462. The director shall reasonably determine the appropriate
method of providing such information to the city. Failure to provide prompt and
accurate information on the service laterals installed may result in the revocation of
the permit issued for the work or future permits to theoffending permittee or its
subcontractors.
Sec. 32-30.- Location and Relocation of Facilities.
(a)Placement, location, and relocation of facilities must comply with the Act, with other applicable
law, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not
limit authority otherwise available to cities.
Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way
user and the City, Facilities in the right-of-way must be located or relocated and maintained
underground in accordance with Chapter 32 of the City Code.
(b)Corridors. The city may assign a specific area within the right of way, or any particular segment
thereof as may be necessary, for each type of facility that is or, pursuant to current technology,
the city expects will someday be located within the right-of-way. All excavation, obstruction, or
other permits issued by the city involving the installation or replacement of facilities shall
designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the city shall, no later than at the time of the next reconstruction or excavation of
the area where the facilities are located, movethe facilities to the assigned position within the
right-of-way, unless this requirement is waived by the city for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs, and hardship to the registrant.
(c)Nuisance. One year after the passage of this chapter, any facilities found in a right-of-way that
have not been registered shall be deemed to be a nuisance. The city may exercise any
remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or
taking possession of the facilities and restoring the right-of-way to a useable condition.
(d)Limitation of Space. To protect the health, safety, and welfare of the public, or when necessary
toprotect the right-of-way and its current use, the city shall have the power to prohibit or limit
the placement of new or additional facilities within the right-of-way. In making such decisions,
the city shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by considerations of the public interest, the public’s
needs for the particular utility service, the condition of the right-of-way, the time of year with
respect to essential utilities, the protection of existing facilities in the right-of-way, and future city
plans for public improvements and development projects which have been determined to be in
the public interest.
Aright-of-way user shall promptly and at its own expense, with due regard for seasonal working
conditions, remove and relocate its facilities in the right-of-way when it is necessary to prevent
interference or obstruction, but not merely for the convenience of the city, in connection with:
(1) a present or future city use of the right-of-way for a public project or facility, (2) the public
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health or safety; or (3) the safety and convenience of travel over the right-of-way. The
registrant shall restore any right-of-way to the condition it was in prior to removal and relocation.
Sec. 32-31.– Pre-Excavation Facilities Locations.
In addition to complying with the requirements of Minn. Stat. 216D.01-.09 (“One Call Excavation
Notice System”) before the start date of any right of way excavation, each registrant who has
facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement
of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a
concrete or asphalt surface shall notify and work closely with the excavation contractor to establish
the exact location of its facilities and the best procedure for excavation.
Sec. 32-32.- Damage to other facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or move
a registrant’s facilities to protect it, the city shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant and must be
paid within thirty (30) days from the dateof billing. Each registrant shall be responsible for the cost
of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be
responsible for the cost of repairing any damage to the facilities of another registrant caused during
the city’s response to an emergency occasioned by that registrant’s facilities.
Sec. 32-33.– Right-of-way vacation.
(a)Reservation of Right. If the city vacates a right of way that contains the facilities of a registrant,
the registrant’s rights in the vacated right of way are governed by Minn. R. 7819.3200.
(b)Reservation of right. If the city vacates a right-of-way which contains the equipment or facilities
of a registrant or permit holder, and if the vacation does not require the relocation of the
registrant's or permit holder's equipment or facilities, the city shall reserve, to and for itself and
all registrants or permit holders having equipment and facilities in the vacated right-of-way, the
right to install, maintain and operate anyequipment and facilities in the vacated right-of-way
and to enter upon such right-of-way at any time for the purpose of reconstruction, inspecting,
maintaining or repairing the same.
(c)Relocation of facilities. If the vacation requires the relocation of the registrant's or permit
holder's equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant
or permit holder, the registrant or permit holder must pay the relocation costs; or (ii) if the
vacation proceedings are initiated by the city, the registrant or permit holder must pay the
relocation costs unless otherwise agreed to by the city and the registrant or permit holder; or
(iii) if the vacation proceedings are initiated by a person or persons other than the registrant or
permit holder, such person or persons must pay the relocation costs.
Sec. 32-34.- Indemnification and liability.
By registering with the city, or by accepting a permit under this chapter, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rule
7819.1250.
(1)Limitation of liability.By reason of the acceptance of a registration or the grant of a right-
of-way permit, the city does not assume any liability (i) for injuries to persons, damage to
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property or loss of service claims by parties other than the registrant or the city, or (ii) for
claims or penalties of any sort resulting from the installation, presence, maintenance or
operation of equipment or facilities by registrants or permit holders or activities of
registrants or permit holders.
(2)Indemnification. A registrant or permit holder shall indemnify, keep and hold the city, its
officials, employees and agents, free and harmless from any and all costs, liabilities, and
claims for damagesof any kind arising out of the construction, presence, installation,
maintenance, repair or operation of its equipment and facilities, or out of any activity
undertaken in or near a right-of-way, whether or not any act or omission complaint of is
authorized, allowed or prohibited by a right-of-way permit. The foregoing does not
indemnify the city for its own negligence except for claims arising out of or alleging the
city's negligence in issuing the permit or in failing to properly or adequately inspect or
enforce compliance with a term, condition or purpose of a permit. This section is not, as
to third parties, a waiver of any defense or immunity otherwise available to the registrant,
permit holder or the city, and the registrant or permit holder, in defending any action on
behalf of the city, shall be entitled to assert in any action every defense or immunity that
the city could assert on its own behalf.
If the registrant or permit holder is required to indemnify and defend, it shall thereafter have
control of the litigation, but the registrant or permit holder may not settle the litigation without the
consent of the city. Such consent will not be unreasonably withheld.
Sec. 32-35.- Abandoned and unusable equipment and facilities.
(a) Discontinued operations. A registrant who has determined to discontinue all or a portion of its
operations in the city must provide information satisfactory to the city that the registrant's
obligations for its facilities in the right-of-way under this division have beenlawfully assumed by
another registrant.
(b) Removal of abandoned facilities.Any registrant who has abandoned facilities in any right-of-
way shall remove it from that right-of-way to the extent such facilities interfere with another
right-of-way repair, excavation, or construction, unless this requirement is waived by the city.
Sec. 32-36.- Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3)
has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat.
§ 237.163, subd. 6; or (5) disputes a determination of the director regarding Section 32-26, subd.b
of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon
written request, by the City Council. The City Council shall act on a timely written request at its next
regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient
time to include the appeal as a regular agenda item. A decision by the City Council affirming the
denial, revocation, or fee imposition will be in writing and supported by written findings establishing
the reasonableness of the decision.
Sec. 32-37.- Reservation of Regulatory and Police Powers
A permittee’s rights are subjectto the regulatory and police powers of the city to adopt and
enforce general ordinances as necessary to protect the health, safety, and welfare of the public.
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Sec. 32-38.- Severability.
If any portion of this chapter is for any reason held invalid by anycourt of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter
precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in
addition to requirements set forth herein.
Sec. 32-39.- Franchise holders.
If there is a conflict in language between the franchise of a person holding a franchise
agreement with the city or thewater service agreement with the city and this division, the terms of
the franchise or water service agreement shall prevail.
APPENDIX I. ESSENTIAL MUNICIPAL SERVICES
Special conditions and provisions to regulate and control right-of-way intrusions by essential
service providers for which previous agreements or ordinances have been enacted and approved
by the city in concurrence with the respective service providers.
INDEX
ArticleParticipating Municiple Provider
A.City of Little Canada
B.City of North Saint Paul
C.City of Saint Paul
D.City of Oakdale
E.City of Woodbury
F.Board of Water Commissioners of the City of Saint Paul
Secs. 32-40to32-46 - Reserved.
Section 3. This section renumbers sections of Chapter 32, Article II as follows:
Sec. 32-47. – Definitions.
Sec. 32-48. – Duty to prevent discharges of dirt, debris, or other material.
Sec. 32-49– Removal of dirt, debris, snow, or other material.
Sec. 32-50– Notice to remove dirt, debris, snow, or other material; removal by city.
Sec. 32-51– 32.60. – Reserved.
Section 4. This ordinance shall take effect after the approval by City Council and publishing
in the official newspaper.
APPROVED by the City Council of Maplewood, Minnesota, this 11th day of December, 2017.
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SUMMARY ORDINANCE NO. ____
CITY OF MAPLEWOOD
RAMSEY COUNTY,MINNESOTA
ASUMMARY ORDINANCE REPEALING ALL PROVISIONS OF CHAPTER 32, ARTICLE I,
DIVISION 2 – PUBLIC RIGHTS-OF-WAY AND REPLACING THEM WITH NEW PROVISIONS
AND SUBSEQUENTLY RENUMBERING SECTIONS OF CHAPTER 32, ARTICLE II
NOTICE IS HEREBY GIVEN that, on December11, 2017, Ordinance No. ____wasadopted by
the City Council of the City of Maplewood, Minnesota. Due to the lengthy nature of Ordinance
No. ___, the following Summary Ordinance No. ____ has been prepared for publication as
authorized by state law.
The ordinance adopted by the City Council on December11, 2017 repeals and replaces
Chapter 32, Article I, Division 2 –Public Rights-of-Wayof theCity of Maplewood Code of
Ordinances and subsequently renumbers sections of Chapter 32, Article II. The general
purpose of this ordinance is to update Chapter 32, Article I, Division 2 –Public Rights-of-
Way to administer and regulate the public rights-of-way in the public interest,
accommodate and permit small wireless facilities, and to provide for theissuance and
regulation ofright-of-way permits.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hoursat the Office of the City Clerk. The complete ordinance will
be posted on the City's websitefollowing publication.
th
APPROVED FOR PUBLICATION by the City Council of Maplewood, Minnesota, this11day of
December, 2017.
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EXISTING CHAPTER 32, ARTICLE I, DIVISION 2 – PUBLIC RIGHTS-OF-WAY
TO BE REPEALED
DIVISION 2. - PUBLIC RIGHTS-OF-WAY
Sec. 32-4. - Findings, purpose and intent.
The City of Maplewood holds the ROW within its geographical boundaries as an asset in trust for its
citizens. The city and other public entities have invested millions of dollars in public funds to build and
maintain the ROW. It also recognizes that some persons, by placing their equipment in the ROW and
charging the citizens of the city for goods and services delivered thereby, are using this property held for
the public good. Although such services are often necessary or convenient for the citizens, such persons
receive revenue and/or profit through their use of public property. Although the installation of such service
delivery facilities are in most cases necessary and proper use of the ROW, the city must regulate and
manage such uses.
To provide for the health, safety and well-being of its citizens and to ensure the structural integrity of
its streets and the appropriate use of ROW, the city strives to keep its ROW in a state of good repair and
free from unnecessary encumbrances. Although the general population bears the financial burden for the
upkeep of the ROW, one of the causes for the early and excessive deterioration of its ROW is frequent
excavation or other intrusions into its subsurface area.
This division imposes reasonable fees and regulations on the placement and maintenance of
equipment currently within its ROW or to be placed therein at some future time. It is intended to complement
the regulatory roles of state, federal and other agencies. Under this division, persons disturbing and
obstructing the ROW will bear a fair share of the financial responsibility for its integrity. This division also
provides for recovery of the city's costs associated with managing its ROW.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-5. - \[Applicability.\]
The provisions and requirements of this division shall not apply to inter-governmental entities that have
joint powers agreements with the city or other ROW users exempted by the statutes of the State of
Minnesota.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-6. - Definitions.
The following words, terms and phrases, as used herein, have the following meanings:
Abandoned facilitymeans (1) a facility no longer in service and physically disconnected from a portion
of the operating facility, or from any other facility, that is in use or still carries service; or (2) a facility that is
deemed abandoned by the ROW user.
Applicantmeans any person or entity requesting permission to excavate or obstruct a ROW.
Citymeans the corporate municipality, its elected officials, its manager and/or appointed employees
to include the director of public works, or his/her designee, City of Maplewood, Minnesota.
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City management costsmeans the actual costs incurred by the city for public ROW management;
including, but not limited to, costs associated with registering applicants seeking permission to excavate or
obstruct a ROW; issuing, processing and verifying ROW permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting or moving user equipment during public ROW work;
determining the adequacy of ROW restoration; restoring work inadequately performed after providing notice
and opportunity to correct the work; mapping of "as built" locations of facilities located in ROW; and revoking
ROW permits and performing all other functions required by this division, including other costs the city may
incur in managing the provisions of this division.
Degradationmeans a decrease in the useful life of the ROW caused by excavation in or disturbance
of the ROW resulting in the need to reconstruct such ROW earlier than would be required if the excavation
or disturbance did not occur. This condition is only applicable in ROWs that are not included in the current
five-year street replacement plan scheduled for full removal and reconstruction.
Degradation costmeans, subject to Minnesota Rules 7819.1100, the cost to achieve a level of
restoration, as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown on Maplewood Plates 1 to 13, and set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
Degradation feemeans the estimated fee established at the time of permitting by the city to recover
costs associated with the decrease in the useful life of the ROW caused by the excavation, and which
equals the degradation cost. This fee does not include the cost of patching, which is the sole responsibility
of the ROW user.
Delay penaltymeans, in accordance with Minnesota Rule 7819.1000 subd. 3, the director shall impose
a delay penalty for unreasonable delays in ROW excavation, obstruction, patching, or restoration by
permittee. The delay penalty shall be proposed by the director and established from time to time by city
council resolution.
Directormeans the city's director of public works or his/her designee.
Emergencymeans a condition that (1) poses a clear and immediate danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a
customer.
Emergency holemeans excavation of a hole necessitated by a condition creating a clear and
immediate threat to life, health, safety or property or requiring immediate repair or replacement in order to
restore service to a customer.
Engineermeans the city's director of public works or his/her designee.
Equipmentmeans any tangible asset used to install, repair or maintain facilities in any ROW.
Excavatemeans to dig into or in any way remove or physically disturb or penetrate any part of aROW.
Excavation permitmeans a permit which must be obtained before a person may excavate in a ROW.
An excavation permit allows the holder to excavate only in that part of the ROW described in the permit.
Facilityor facilitiesmeans any tangible asset in the ROW required to provide utility service. The term
does not include facilities to the extent the location and relocation of such facilities are preempted by Minn.
Stats. § 161.45, governing utility facility placement in state trunk highways.
Franchisemeans any person or entity with tangible assets or equipment in the ROW for the purpose
of providing utility service to the general public having been previously approved by the city by written
agreement, contract or by franchise ordinance.
Holemeans an excavation having a length on the long side that is less than two times the dimension
of the width of the excavation and that conforms to O.S.H.A. standards.
Obstructmeans to place any tangible object in a public ROW so as to hinder free and open passage
over that or any part of the ROW for an aggregate period of five hours or more in conjunction with the
issuance of a ROW permit.
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Obstruction permitmeans a permit which must be obtained before a person may obstruct a ROW,
allowing the holder to hinderfree and open passage over the specified portion of that ROW by placing
equipment described therein on the ROW for the duration specified in the permit.
Patchor patchingmeans a method of pavement replacement that is considered temporary in nature.
A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the replacement in
kind, to match the existing pavement per Maplewood Plates 1-13. A patch shall be considered "full
restoration" only if the pavement is included in the city's five-year project plan.
Pavement repair platesmeans drawings and details for the reconstruction and repair of Maplewood
ROW pavements (all types) that are herewith copied and adopted from the original 13 plates as suggested
and provided by the Minnesota Public Utilities Commission and any supplemental additions as provided by
the City of Maplewood.
Permit holdermeans any person to whom a permit to excavate, obstruct, or place equipment or
facilities in a ROW has been granted by the city under this division.
Personmeans a private individual or authorized representative or agent of an entity subject to all laws
and rules of this state, however organized, whether public or private, whether domestic or foreign, whether
for profit or nonprofit, and whether natural, corporate, or political.
Registrantmeans any person or entity that digs, excavates, intrudes or has or seeks to have its
facilities or equipment located in any ROW for temporary or permanent placement.
Restorationor full restorationmeans the process by which the ROW and surrounding area, including
pavement, foundation, and turf areas is returned to the same or better condition and life expectancy that
existed immediately before excavation.
Restoration costmeans the amount of money paid to the city by a permit holder to have the city or its
designated contractor perform the work to achieve the required level of restoration according to Maplewood
Plates 1 to 13, which are attached hereto and incorporated herein.
ROW (right-of-waymeans the area on, below, or above a public roadway, highway, street, cart way,
bicycle lane, and public sidewalk in which the city has an interest, including other dedicated ROW for travel
purposes and/or utility easements of the city.
ROW engineermeans that person or persons appointed, directed and empowered by the director of
public works to administrate the management of the office of the right-of-way engineer and those necessary
responsibilities empowered by the city ROW ordinance.
ROW permitmeans either an excavation permit or obstruction permit, or both, depending on the
context required by this division.
ROW usermeans (1) a telecommunications ROW user as defined by Minn. Stats. § 237.162, subd. 4;
or (2) a person owning or controlling a facility in the public ROW that is used or is intended to be used for
providing utility service and who has a right under the law, franchise, or ordinance to use the public ROW.
Trenchmeans an excavation having a length that is in excess of two times the width of the excavation
for the sections of roadway where the work is occurring, including a directional bore.
Utilityor utility servicemeans services provided by:
(1)A public utility as defined in Minn. Stats. § 216B.02;
(2)Services of a telecommunications ROW user, including the transporting of voice or data
information;
(3)Services provided by a cable communications system as defined in Minn. Stats. ch. 238;
(4)Natural gas or electric energy or telecommunications services provided by a local government
unit;
(5) Services provided by a cooperative electric association organized under Minn. Stats. ch. 308A;
and
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(6)Water, sewer, steam, cooling, heating services, community television antenna system, fire and
alarm communications, storm sewer, light, or power services including wind generation.
Wireless telecommunication facilitymeans a tangible asset used to provide wireless
telecommunication or data services, including all antennas, support devices, equipment, including ground
equipment, associated cables, and attachments.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-7. - Registration.
(a)Registration required prior to work.No one shall construct, install, repair, remove, relocate or perform
any work within any ROW without first being registered pursuant to this section. Such registration shall
be made on an application form provided by the city's department of public works and shall be
accompanied by the registration fee set forth in this Code. Registration and the accompanying fee
shall be required each calendar year. A franchised service or utility service operating under this section
shall be registered pursuant to this section but need not annually provide registration information as
required by subsection (c) of this section if such information has been submitted pursuant to a franchise
agreement or ordinance. Further, a franchised service or utility service operating pursuant to a
franchise agreement or ordinance shall be exempt from payment of an annual registration fee,
providing said franchise fee has been paid per written agreement or ordinance. Exceptions to the
registration requirements, as described in section 32-7, shall be determined at the discretion of the
ROW engineer.
(b)Exceptions.The following are not subject to the requirements of this section:
(1)Person or persons planting or maintaining pre-approved boulevard surface plantings or gardens.
(2)Person or persons installing mail boxes or private sidewalk from street or curb to dwelling or
commercial structure.
(3)Person or persons engaged in commercial or private snow removal activities.
(4)Person or persons installing street furnishings.
(5)Person or persons installing irrigation systems.
(6)City of Little Canada.*
(7)City of Maplewood.
(8)City of North Saint Paul.
(9)City of Oakdale.*
(10)City of Saint Paul.*
(11)City of Woodbury.*
(12)Board of Water Commissioners of the City of Saint Paul.*
(13)Persons acting as agents, contractors or subcontractors for a registrant who has properly
registered in accordance with this section.
* See appendix I.
(c)Registration information.The registrant shall provide the following at the time of registration and shall
promptly notify the city of changes in such information:
(1)Registrant's name, address, telephone number, facsimile number and Gopher One Call
registration certificate number if required by state law.
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(2)Name, address, telephone number and facsimile number of the person responsible for fulfilling
the obligations of the registrant.
(3)Unless exempted by previous or existing agreements or ordinance, a current certificate of
insurance from a company licensed to do business in the State of Minnesota providing minimum
coverage in the following amounts:
General liability.
Public liability, including premises, products and complete operations:
Bodily injury liability - $1,000,000.00 each person, $3,000,000.00 each occurrence.
Property damage liability - $3,000,000.00 each occurrence.
In lieu of (1) and (2) bodily injury and property damage combined - $3,000,000.00 single
limit.
Comprehensive.
Automobile liability insurance, including owned, non-owned and hired vehicles:
Bodily injury liability - $1,000,000.00 each person, $3,000,000.00 each occurrence.
Property damage liability - $3,000,000.00 each occurrence.
In lieu of (1) and (2) bodily injury and property damage combined - $3,000,000.00 single
limit.
Such certificate shall verify that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i) use and occupancy
of the ROW by the registrant, its officers, agents, employees and permit holders, and (ii)
placement and use of equipment or facilities in the ROW by the registrant, its officers, agents,
employees and permit holders, including, but not limited to, protection against liability arising from
completed operations, damage of underground equipment and collapse of property. Such
certificate shall also name the city as an additional insured as to whom the coverage required
herein are in force and applicable and for whom defense will be provided as to all such coverage.
Such certificate shall require that the city be notified 30 days prior to cancellation of the policy.
(4)A 24-hour emergency number.
(5)An acknowledgment by the registrant of the indemnification pursuant to this Code.
(6)Such additional information as the city may require.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-8. - Franchise reporting obligations.
Each franchise registrant shall, at the time of registration and not later than November 1 of the
preceding year, file a proposed construction and major maintenance plan for underground facilities with the
city. Such plan shall be submitted using a format designated by the city and shall contain the information
determined by the city to be necessary to facilitate construction coordination and reduction in the frequency
of excavations and obstructions of ROW.
The plan shall include, but not be limited to, the following information:
(1)To the extent known, the locations and the estimated beginning and ending dates of all projects
to be commenced during the next calendar year; and
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(2)To the extent known, the tentative locations and estimated beginning and ending dates for all
projects contemplated for the five years following the next calendar year.
The city will have available for inspection in the engineer's office a composite list of all known or
planned projects that have been adopted for the next calendar year. All registrants are responsible for
keeping themselves informed of the current status of this improvement list. Each franchise registrant must
notify the city immediately of any change in its list of planned projects.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-9. - Permit requirement.
(a)Permit required.No person may obstruct or excavate any ROW without first having been issued the
appropriate ROW permit pursuant to this section, except as otherwise provided in this Code.
Exceptions to the permitting requirements, as described in section 32-9, shall be made at the discretion
of the ROW engineer.
(1)Excavation permit.An excavation permit is required by the registrant to excavate that part of the
ROW described in each permit that may hinder free and open passage over the specified portion
of the ROW when placing or repairing facilities therein, to the extent and for the duration specified
in the permit.
(2)Obstruction/aerial/interduct permit.An obstruction/aerial/interduct permit is requiredby a
registrant if the work proposed may hinder free and open passage over the specified portion of
ROW by placing or repairing equipment described therein within the ROW, to the extent and for
the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a
registrant has been issued a valid excavation permit for the same project.
(3)Pole attachment permit.A pole attachment permit is required by the registrant in order to attach
a wireless telecommunication facility to an existing public utility structure in the public ROW. A
pole attachment permit is not required if a registrant has been issued a valid excavation permit
for the same project.
(b)Permit extension.No person may excavate or obstruct the ROW beyond the date or dates specified
in the permit or do any work outside the area specified in the permit unless such person makes a
supplementary application before the expiration of the permit. Payment of all fees for an extension of
the permit is required before extension may be granted by the city;
If the work could not be completed because of circumstances beyond the control of the permit holder
or the work was delayed or prohibited by unseasonable or unreasonable conditions, the city may grant and
extend the completion date of the work.
(c)Delay penalty.Notwithstanding subsection (b) of this section, the city may impose a delay penalty
where excavating or obstruction work in the ROW is not completed within the time specified if no permit
extension application has been made prior to the expiration date of the permit. A delay penalty will not
be imposed if the delay is due to circumstances beyond the control of the applicant, including without
limitation inclement weather, acts of God, or civil strife.
(d)Application and fee.An application for a ROW permit shall be made on forms provided by the city and
shall be accompanied by a fee as set forth in this Code established to reimburse the city for costs. A
person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt
from the payment of permit fees. If the work is to be performed by an agent, contractor, or
subcontractor on behalf of the registrant, such application shall be signed by the registrant. The
application shall also be accompanied by the following:
(1)Scaled drawings showing the location of all known existing facilities and improvements proposed
by the applicant. The applicant will be requested to submit in English measurement two paper
plans at the smallest and/or one copy in Auto CAD format (Ramsey
County Coordinate system) with X, Y, Z dimensions to one foot accuracy electronic plan. All plans
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must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal
poles, driveways, boxes, relevant structures, property lines and corners and property addresses.
(2)A description of the methods that will be used for installation.
(3)A proposed schedule for all work.
(4)The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic
during the work and proposed detour route with appropriate signage.
(5)A description of methods for restoring any public improvements disrupted by the work.
(6)Any other information reasonably required by the city.
(e)Security.A performance bond and cash deposit in an amount determined by the city shall be required
from each applicant. The applicant, at its option, may post security sufficient to cover all projects
contemplated for the current calendar year. The performance bond must be approved by the city
attorney. Security required pursuant to this subsection shall be conditioned that the holder will perform
the work in accordance with this division and applicable regulations and will pay to the city any costs
incurred by the city in performing work pursuant to this division. Said conditions will indemnify and
save the city and its officers, agents and employees harmless against any and all claims, judgment or
other costs arising from any excavation and related work covered by the ROW permit. And to include
further indemnification by reason of any accident or injury to persons or property through the fault of
the permit holder, either for improperly fencing and guarding the excavation or for any other injury
resulting from the negligence or willful actions of the permit holder. The bond or any unused portions
of a cash deposit shall be released by the city upon completion of the work and compliance with all
conditions imposed by the ROW permit. For permits allowing excavations within public streets, such
bond or unused part of a cash deposit shall be held for a period of 24 months to guarantee adequacy
of all restoration work.
(f)Permit issuances; conditions.The city shall grant a ROW permit upon finding the work will comply with
the requirements of this division. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant there under to protect the public health, safety and welfare,
to insure the structural integrity of the ROW, to insure completion of restoration of the ROW within a
specified period, to protect the property and safety of other users of the ROW and to minimize the
disruption and inconvenience to the traveling public. If it is determined by the office of the ROW
engineer that the proposed ROW intrusion or use is not in the best interest of the city and no agreement
or alternative compromise solution is feasible, the applicant may appeal the engineer's decision to the
director of public works. Should the issue there remain unresolved, the applicant may then request to
address the case before the Maplewood City Council for final disposition.
If the applicant's ROW permit application is terminated at any given level, the city may at its discretion,
elect to grant a partial refund of fees that may have been paid but shall not disburse any part of the basic
registration fee or more than 50 percent of the administrative fees.
No ROW permit shall be issued to any person who has failed to register pursuant to this Code.
(g)Dumpsters/portable-on-demand-storage (POD) units.The placement of dumpsters or POD units in
the street portion of the ROW is not allowed. Dumpsters or POD units may be placedwithin the
boulevard or driveway portions of the ROW provided that they do not obstruct pedestrian traffic along
sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances,
the city right-of-way engineer may make exceptions to this provision and applicant shall be subject to
the permitting and fee requirements of this division.
(h)Exceptions.No permit shall be required for the following:
(1)Approved surface landscaping work.
(2)Approved private sidewalks, street furnishings, posts and pillars.
(3)Snow removal activities.
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(4)Irrigation systems provided that the system does not connect directly to water mains in the ROW
installed at the property owner risk.
(5)Activities of the City of Maplewood.
(6)If granted approval by the city, piercing or drilling a street or sidewalk/trail pavement for the
purpose of exploratory examination or utility depth determination.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-10. - Timeliness of work.
The work to be done under the ROW permit and the patching and restoration of the ROW as required
herein, must be completed within the dates specified in the permit. It may be increased by as many days
as work could not be done because of circumstances beyond the control of the permit holder or when work
was prohibited as unseasonable or unreasonable.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-11. - Standards for construction or installation.
(a)General standards.The permit holder shall comply with the following standards, to the extent
consistent with applicable Minnesota rules, when performing the work authorized under the permit:
(1)Take such precautions as are necessary to avoid creating unsanitary or unsafe conditions.
Observe and comply with all laws, rules and regulations of the state and local governments.
(2)Conduct the operations and perform the work in a manner as to insure the least obstruction to
and interference with traffic.
(3)Take adequate precautions to insure the safety of thegeneral public and those who require
access to abutting property.
(4)Notify adjoining property owners prior to commencement of work which may disrupt the use of
and access to such adjoining properties.
(5)Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during
construction or installation.
(6)Exercise precaution at all times for the protection of persons, including employees and property.
(7)Protect and identify excavations and work operations with barricade flags and if required, by
flagmen in the daytime and by warning lights at night.
(8)Provide proper trench protection as required by O.S.H.A.
(9)Protect the root growth of trees and shrubbery.
(10)Where possible, provide for space in the installation area for other telecommunication ROW users
and companies which install facilities in public ROW.
(11)Maintain maximum access to all properties and cross streets as possible during construction
operations and maintain emergency vehicle access at all times.
(12)Maintain planned alignment and grade unless otherwise authorized by the city. Field changes not
approved by the city will require removal and reconstruction.
(13)During trenchingof facilities, a warning tape must be placed at a depth of 12 inches above all
copper cables with over 200 pairs and above any fiber facilities.
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(14)Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be installed
in conduit of a type approved by the city.
(15)The placing of all telecommunications facilities must comply with the National Electric Safety
Code, as incorporated by reference in Minn. Stats. § 326.243.
(16)Locate all property lines near ROW lines and replace any disturbed property corner markers or
judicial monuments. A Minnesota licensed surveyor must be used in the replacement of disturbed
property corners markers or judicial monuments.
(17)Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall
be sheathed and braced depending upon location and soil stability and as directed by the city.
(18)Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of
surface drainage.
(19) All backfilling materials must be placed in six-inch lifts (maximum) at optimum moisture and
compacted with the objective of attaining 95 percent of standard Proctor density. Compaction
shall be accomplished with hand, pneumatic or vibrating compactors as appropriate.
(20)Backfill material shall be subject to the approval of the city. The city may permit backfilling with
the material from the excavation provided such material is granular in nature and acceptable to
the city.
(21)Compacted backfill shall be brought to bottom of the gravel of the approved street section.
(22)All work performed in the ROW shall be done in conformance with Maplewood Plates 1 to 13,
unless a less stringent standard is approved by the city.
(23)Street and pedestrian traffic shall be maintained throughout construction unless provided
otherwise by the permit.
(24)No road surface damaging lugs, cleats or equipment may be used or driven upon paved city street
surfaces.
(25)Dirt, trash or other debris must be periodically removed during construction.
(26)Other reasonable standards and requirements of the city.
(b)Standards for installation of underground utilities.The permit holder shall comply with the following
standards when installing facilities underground:
(1)Underground facilities must be placed as far off the roadway as possible to provide access from
outside of the paved area.
(2)Buried fiber facilities shall be at a minimum depth of three feet and a maximum depth of four feet
unless an alternate location is approved by the city. Buried copper facilities beneath concrete or
bituminous paved road surfaces must be placed at no less than three feet but no more than four
feet deep. Other buried copper facilities must be placed at a minimum depth of 30 inches and a
maximum depth of four feet.
(3)Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise
approved by the city.
(4)If construction is open cut, the permit holder must install the visual tracers approximately 12
inches above buried facilities. If other construction methods are used, substitute location methods
will be considered.
(5)The permit holder shall register with Gopher State One Call and comply with the requirements of
that system.
(6)Compaction in trench backfill material shall be 95 percent of the standard Proctor density and
copies of test results shall be submitted to the city. All tests and their locations shall be determined
by the city. Tests must be conducted by an independent testing firm approved by the city. Street
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pavement replacement will not be permitted until sub-base densities are approved by the city.
Testing shall be required at the discretion of the ROW engineer.
Street pavement structure and materials shall be as specified by the city and repaved in
accordance with Maplewood Plates 1-13. All pavement replacement shall be done in the
presence of a city inspector with certified pavement material to city specifications.
(7)The facilities shall be located so as to avoid traffic signals and signs which are generally placed
a minimum of five feet behind the curb.
(8)When utilizing trenchless installation methods to cross an area in which a municipal utility is
located, and/or when directed by the city, the permit holder shall excavate an observation hole
over the utility to ensure that the city utility is not damaged.Observation holes shall not be
backfilled until viewed and approved by the city ROW inspector.
(9)All junction boxes or access points shall be located no closer than ten feet from municipal fire
hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved
by the city.
(10)Underground facilities shall not be installed between a hydrant and an auxiliary valve.
(11)Underground facilities shall not be installed within five feet of hydrants, valves, lift stations or
manholes in areas where utility easements exist beyond the ROW. In those areas in which no
utility easement exists, placement of an underground facility shall be between the edge of
pavement and no closer than three feet to an existing municipal utility appurtenance unless
approved by the city.
(12)In areas where an extensive effort to determine the location of municipal utility lines will be
required to accommodate the installation of private facilities, the city's representative for Gopher
State One Callmust be contacted by the permit holder two weeks prior to the beginning of the
work to schedule meetings.
(13)Buried telecommunication facilities must have a locating wire or conductive shield, except for di-
electric cables.
(14)Buried fiber facilities must be placed in a conduit of a type determined by the ROW user unless
the permit holder obtains a waiver from the city.
(15)The standards set forth in the standards of installation of water mains required by the Board of
Water Commissioners of the City of Saint Paul.
(c)Standards for installation of overhead facilities.The permit holder shall comply with the following
standards when installing facilities overhead:
(1)All wires must be in compliance with the National Electric Safety Code and at a location that does
not interfere with traffic signals, overhead signs, or streetlights.
(d)Standards for wireless telecommunication facilities.
(1)Purpose.The City of Maplewood desires high quality wireless communication services to
accommodate the needs of residents and businesses. At the same time, the city strives to
minimize the negative impacts that wireless telecommunication facilities can have on aesthetics
and public safety. Due to the many services that must be delivered within its limited area, the city
also strives to avoid unnecessary encumbrances within the public ROW. The city allows and
regulates wireless telecommunication facilities outside of the public ROW through performance
standards and height limits. The purpose of this section is to regulate wireless telecommunication
facilities within the public ROW in a manner that balances desire for service with aesthetic, public
safety, and ROW flexibility concerns.
Public ROW are appropriate locations for wireless telecommunication facilities that present
minimal impacts (i.e. small pole attachments that do not require new poles, do not require pole
extensions, and do not have associated ground-mounted equipment). Wireless
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telecommunication facilities that require greater heights than can be afforded by existing poles in
the public ROW and that require ground-mounted equipment are more appropriately sited outside
the public ROW in accordance with adopted performance standards of this Code. However, the
city recognizes that as wireless technology advances, some residential areas of the city may be
hard to serve with wireless technology due to the lack of acceptable siting alternatives in the
immediate vicinity. In such areas, where no alternative non-ROW locations are available, wireless
telecommunication facilities that require pole extensions and ground equipment will be allowed in
the public ROW subject to the requirements of this section which are meant to protect the public
health, safety, and welfare.
(2)Wireless telecommunication facilities as pole attachments.Wireless telecommunication facilities
that comply with the following requirements may be attached to existing public utility structures
within the ROW after issuance of a pole attachment permit.
a.The wireless telecommunication facility shall not extend above the top of the existing public
utility structure and the height of the existing public utility structure shall not be increased to
accommodate the wireless telecommunication facility.
b.If the public utility structure must be replaced to structurally accommodate the wireless
telecommunication facility, the replacement public utility structure height shall not exceed the
existing public utility structure height and the replacement public utility structure diameter
shall not exceed the existing public utility structure diameter by more than 50 percent.
c.The wireless telecommunication facility shall not be larger than three cubic feet and shall
have no individual surface larger than four square feet.
d.The wireless telecommunication facility shall not extend outward from the existing pole or
tower or arm thereof by more than two and one-half feet, except that an antenna one-half-
inch in diameter or less may extend an additional six inches.
e.The wireless telecommunication facility shall include no ground-mounted equipment.
f.The wireless telecommunication facility shall not interfere with public safety communications
and shall meet the requirements of this Code.
g.Wireless telecommunication facilities in the ROW shall be removed and relocated at city
request subject to the provisions of this division.
h.The wireless telecommunication facility shall not block light emanating from the public utility
structure and shall not otherwise interfere with the original use of thepublic utility structure.
(3)Wireless telecommunication facilities as pole extensions or with ground-mounted equipment.
Wireless telecommunication facilities that require increased public utility structure height or that
have ground-mounted equipment may be erected in the public ROW only when in compliance
with the following provisions and after issuance of a pole attachment permit or excavation permit:
a.The applicant shall demonstrate to the satisfaction of the city or his/her designee that the
wireless telecommunication facility cannot be placed in a Code-complying location outside
the ROW within one-quarter-mile of the proposed location.
b.The replacement public utility structure, including lightning rods and all other attachments,
shall not exceed the height of the existing public utility structure by more than 15 feet. Once
the height of a public utility structure has been increased under the provisions of this section,
the height shall not be further increased.
c.The replacement public utilitystructure diameter shall not exceed the existing public utility
structure diameter by more than 50 percent.
d.The wireless telecommunication facility shall not extend outward from the public utility
structure by more than two feet.
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e.If feasible and desirable, as determined by the city, the replacement public utility structure
shall match the original and surrounding public utility structures in materials and color.
f.The wireless telecommunication facility shall not interfere with public safety communications
and shall meet the requirements of this Code.
g.A pole attachment or excavation permit for a wireless telecommunication facility that has
ground-mounted equipment will be issued only if the issuing authority finds the following:
1.The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
2.The ground-mounted equipment will not create a safety hazard;
3.The location of the ground-mounted equipment minimizes impacts on adjacent
property; and,
4.The ground-mounted equipment will not adversely impact the health, safety, or welfare
of the community.
h.Ground-mounted equipment associated with the wireless telecommunication facility shall
meet the following performance standards:
1.Be set back a minimum of ten feet from the edge of street or curb line;
2.Be separated from a sidewalk by a minimum of three feet;
3.Be set back a minimum of 50 feet from the nearest intersecting ROW line;
4.Be separated from the nearest ground-mounted wireless telecommunication equipment
installation on the same block face by a minimum of 330 feet unless the equipment is
placed underground;
5.If located adjacent to residential uses, ground-mounted equipment shall be limited to
three feet in height above grade and 27 cubic feet in cumulative size;
6.If located adjacent to nonresidential uses, ground-mounted equipment shall be limited
to five feet in height above grade and 81 cubic feet in cumulative size;
7.Ground-mounted equipment located outside the public ROW shall conform to the
requirements of this Code.
8.Vegetative or other screening compatible with the surrounding area shall be provided
around the ground-mounted equipment if deemed necessaryby the city.
i.Wireless telecommunication facilities in the ROW shall be removed and relocated at city
request subject to the provisions of this division.
(4)New poles.The construction in the ROW of a new pole to support wireless telecommunication
facilities is not allowed, except as a replacement of an existing public utility structure subject to
the requirements of this section.
(5)Charges.In addition to the permit fees outlined in this Code, the city reserves the right to charge
telecommunication providers for their use of the public ROW to the extent that such charges are
allowed under state law. Telecommunication providers shall be responsible for payment of
property taxes attributable to their equipment in the public ROW.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-12. - Patching or full restoration of ROW.
The permit holder shall patch its own work. In lieu of ROW restoration, a ROW user may elect to pay
a degradation fee as determined by the city.
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(1)City restoration.If the city restores the ROW, the permit holder shall pay the costs thereof within
30 days of billing. If, during the 24 months following such surface restoration, the pavement settles
due to the permit holder's improper backfilling and compaction, the permit holder shall pay to the
city, within 30 days of billing, all costs associated with having to correct the defective work.
(2)Permit holder restoration.If the permit holder restores the ROW, it shall at the time of application
for a ROW permit post a performance bond or cash deposit in an amount determined by the city
to be sufficient to cover the cost of restoration and any associated erosion and sediment control
measures. The performance bond or cash deposit must be approved by the city attorney. If, within
24 months after completion of restoration of the ROW, the city determines the ROW has been
properly restored, the posted security will be released.
(3)Standards.The permit holder shall perform patching and restoration according to the Maplewood
standards specified inPlates 1 to 13, which are attached hereto and incorporated herein.
(4)Guarantees.If the permit holder performs the restoration work, the permit holder shall guarantee
such work and its maintenance for 24 months following its completion. During this 24-month
period, it shall, upon notification from the city, promptly and within seven working days from receipt
of notification, correct all faulty restoration work to the extent necessary, using the method
required by the city.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-13. - Joint applications.
(a)Joint application.Registrants may jointly apply for permits to excavate or obstruct the ROW at the
same place and time.
(b)Shared fees.Registrants who apply for permits for the same obstruction or excavation may share in
the payment of the obstruction or excavation permit fee. Registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-14. - Other obligations.
(a)Compliance with other laws.The permit holder must obtain all other necessary permits, licenses and
approvals and pay all fees required. The permit holder shall comply with all requirements of local, state
and federal laws, including Minn. Stat. §§ 216D.01—.09 ("One Call Excavation Notice System"). A
permit holder shall perform all work in conformance with all applicable codes and established rules
and regulations and is responsible for all work done in the ROW pursuant to its permit, regardless of
who does the work.
(b)Prohibited work.Except in an emergency, and with the approval of the city, no ROW excavation or
obstruction may be done when seasonally prohibited or when conditions are unreasonable for such
work.
(c)Interference with ROW.A permit holder shall not so obstruct a ROW that the natural free and clear
passage of water through the gutters or other waterways shall be interfered with.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-15. - Denial of permit.
The city may deny a permit based on any of the following grounds:
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(1)Failure to register pursuant to requirements of this Code.
(2)The applicant is subject to revocation of a prior permit issued pursuant to this division.
(3)The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival
or any other similar event.
(4)The proposed schedule conflicts with scheduled or total or partial reconstruction of the ROW.
(5)The applicant fails to comply with the requirements of this division or other provisions of this Code.
(6)The city determines that denial is necessary to protect the health, safety and welfare of the public
or protect the ROW and its current use.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-16. - Emergencies and work done without a permit.
Each registrant shall immediately notify the city and all other affected parties or property owners of
any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take
whatever actions are necessary to respond to the emergency. If the registrant has not been issued the
required permit, the registrant shall, within two business days after the occurrence of the emergency, apply
for the necessary permits, pay the permit fees (where necessary) and fulfill the remaining requirements
necessary to bring itself into compliance with this article for the actions it took in response to the emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city shall attempt to
contact the local representative of each registrant affected, or potentially affected, by the emergency. The
city may take whatever action deemed necessary to respond to the emergency, the cost of which shall be
borne by the registrant whose facilities occasioned the emergency.
Except in an emergency, any person who, without first having obtained the necessary permit, obstructs
or excavates a ROW must subsequently obtain a permit and (where appropriate) as a penalty, pay twice
the normal fee for the permit and shall deposit with the city the fees determinedto correct any damage to
the ROW.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-17. - Inspection.
(a)Site inspection.The permit holder shall make the work site available to the city and to all others
authorized by law for inspection at all reasonable times during the execution of and upon completion
of the work.
(b)Authority of city.
(1)At the time of inspection, the city may order the immediate cessation of any work which poses a
serious threat to the life, health, safety or well-being of the public.
(2)The city may issue a stop work order to the permit holder for any work which does not conform to
the terms of the permit or other applicable standards, conditions or codes. The order shall state
that failure to correct the violation within a stated deadline will be cause for revocation of the
permit. If the violation is not corrected within the stated deadline, the city may revoke the permit.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-18. - Revocation of permits.
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(a)Substantial breach.The city may revoke a ROW permit, without a fee refund, if there is a substantial
breach of the terms or conditions of any statute, this Code, rule or regulation, or any condition of the
permit. A substantial breach of a permit holder shall include, but not limited to, the following:
(1)The violation of any material provision of the permit.
(2)Any material misrepresentation of fact in the application for a permit.
(3)The failure to maintain the required bonds or other security and insurance.
(4)Thefailure to complete the work in a timely manner.
(5)The failure to correct, in a timely manner, work that does not conform to applicable standards,
conditions or codes, upon inspection and notification by the city of the faulty condition.
(6)An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or
attempt to perpetrate any fraud or deceit upon the city or its citizens.
(7)The failure to comply with the terms and conditions of any applicable federal, state and local laws,
rules and regulations, including any provision of this division.
(b)Notice of breach.If the city determines that a permit holder has committed a substantial breach of a
term or condition of any statute, this Code, rule or regulation or any condition of the permit, the city
shall make a written demand upon the permit holder to remedy such violation within a reasonable
period of time or be subject to potential revocation of the permit. The city may impose additional or
revised conditionson the permit to mitigate or remedy the breach.
(c)Reimbursement of city costs.If a permit is revoked, the permit holder shall reimburse the city for its
reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees
incurred in connection with the revocation.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-19. - Appeal.
(a)Filing of appeal.Any person aggrieved by, (i) the denial of a permit application; (ii) the denial of a
registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule imposed by this
Code, may appeal to the city council by filing a written notice of appeal with the city clerk. Said notice
must be filed within 20 days of the action causing the appeal.
(b)Notice of hearing.The city council shall hear the appeal at its next regularly scheduled meeting, unless
the time is extended by agreement of the parties. Notice of the date, time, place and purpose of the
hearing shall be mailed to the appellant.
(c)Hearing and decision.The city council shall, at the hearing, consider any evidence offered by the
appellant, the city and any other person wishing to be heard. The council shall issue a written decision
within 30 days of the completion of the hearing.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-20. - Mapping data.
(a)Information required.Each registrant shall provide mapping as required by the city and which shall
include the following information:
(1)Location and approximate depth of registrant's mains, cables, conduits, switches and related
equipment and facilities, with the location based on:
a.Offsets from property lines, distances from the centerline of the public ROW and curblines
as determined by the city; or
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b.Ramsey County Coordinate System; or
c.Any other system agreed upon by the ROW user and the city;
(2)The type and size of the utility;
(3)A description showing above-ground appurtenances;
(4)A legend explaining symbols, characters, abbreviations, scale and other data shown on the map;
and
(5) Any facilities to be abandoned, if applicable, in conformance with Minn. Stats. § 216D.04, subd.
3.
(b)Submittal requirement.
(1)Within two years after the effective date of this division, all telecommunication ROW users shall
submit comprehensive detailed maps, if available, in accordance with subsection (a) of this
section, for all facilities and equipment installed, used or abandoned within the public ROW.
(2)Subsequent to providing the required comprehensive facility map, interim mapping data shall be
submitted by all registrants for all equipment and facilities which are to be installed or constructed
after the effective date of this division at such time as permits are sought pursuant to this division.
(c)Trade secret information.At the request of any registrant, information requested by the city which
qualifies as "trade secret" data under Minn. Stats. § 13.37(b) shall be treated as trade secret
information as detailed therein.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-21. - Relocation of facilities.
A ROW user shall promptly and at its own expense, with due regard for seasonal working conditions,
remove and relocate its facilities in the ROW when it is necessary to prevent interference or obstruction,
but not merely for the convenience of the city, in connection with: (1) a present or future city use of the
ROW for a public project or facility, (2) the public health or safety; or (3) the safety and convenience of
travel over the ROW. The registrant shall restore any ROW to the condition it was in prior to removal and
relocation.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-22. - Damage to other facilities.
When the city does work in the ROW and finds it necessary to maintain, support, or move registrants'
facilities to protect it, the city shall notify the registrant as soon as possible. The costs associated therewith
shall be billed to the registrant and must be paid within 30 days from the date of billing.
Each registrant shall be responsible for the cost of repairing any facilities in the ROW which it or its
facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities
of another registrant caused during the city's response to an emergency occasioned by that registrant's
facilities.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-23. - ROW vacation.
(a)Reservation of right.If the city vacates a ROW which contains the equipment or facilities of a registrant
or permit holder, and if the vacation does not require the relocation of the registrant's or permit holder's
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equipment or facilities, the city shall reserve, to and for itself and all registrants or permit holders having
equipment and facilities in the vacated ROW, the right to install, maintain and operate any equipment
and facilities in the vacated ROW and to enter upon such ROW at any time for the purpose of
reconstruction, inspecting, maintaining or repairing the same.
(b)Relocation of facilities.If the vacation requires the relocation of the registrant's or permit holder's
equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant or permit holder,
the registrant or permit holder must pay the relocation costs; or (ii) if the vacation proceedings are
initiated by the city, the registrant or permit holder must pay the relocation costs unless otherwise
agreed to by the city and the registrant or permit holder; or (iii) if the vacation proceedings are initiated
by a person or persons other than the registrant or permit holder, such person or persons must pay
the relocation costs.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-24. - Abandoned and unusable equipment and facilities.
(a)Discontinued operations.A registrant who has determined to discontinue all or a portion of its
operations in the city must provide information satisfactory to the city that the registrant's obligations
for its facilities in the ROW under this chapter have been lawfully assumed by another registrant.
(b)Removal of abandoned facilities.Any registrant who has abandoned facilities in any ROW shall
remove it from that ROW to the extent such facilities interfere with another ROW repair, excavation,
or construction, unless this requirement is waived by the city.
(Ord. No. 880, Art. I, 4-9-2007)
Sec. 32-25. - Indemnification and liability.
By registering with the city or by accepting a permit granted under this article, a registrant or permit
holder agrees as follows:
(1)Limitation of liability.By reason of the acceptance of a registration or the grant of a ROW permit,
the city does not assume any liability (i) for injuries to persons, damage to property or loss of
service claims by parties other thanthe registrant or the city, or (ii) for claims or penalties of any
sort resulting from the installation, presence, maintenance or operation of equipment or facilities
by registrants or permit holders or activities of registrants or permit holders.
(2)Indemnification.A registrant or permit holder shall indemnify, keep and hold the city, its officials,
employees and agents, free and harmless from any and all costs, liabilities, and claims for
damages of any kind arising out of the construction, presence, installation, maintenance, repair
or operation of its equipment and facilities, or out of any activity undertaken in or near a ROW,
whether or not any act or omission complaint of is authorized, allowed or prohibited by a ROW
permit. The foregoing does notindemnify the city for its own negligence except for claims arising
out of or alleging the city's negligence in issuing the permit or in failing to properly or adequately
inspect or enforce compliance with a term, condition or purpose of a permit. This section is not,
as to third parties, a waiver of any defense or immunity otherwise available to the registrant,
permit holder or the city, and the registrant or permit holder, in defending any action on behalf of
the city, shall be entitled to assert in any action every defense or immunity that the city could
assert on its own behalf.
If the registrant or permit holder is required to indemnify and defend, it shall thereafter have control of
the litigation, but the registrant or permit holder may not settle the litigation without the consent of the city.
Such consent will not be unreasonably withheld.
(Ord. No. 880, Art. I, 4-9-2007)
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Sec. 32-26. - Franchise holders.
If there is a conflict in language between the franchise of a person holding a franchise agreement with
the city or the water service agreement with the city and this division, the terms of the franchise or water
service agreement shall prevail.
(Ord. No. 880, Art. I, 4-9-2007)
APPENDIX I. ESSENTIAL MUNICIPAL SERVICES
Special conditions and provisions to regulate and control ROW intrusions by essential service
providers for which previous agreements or ordinances have been enacted and approved by the city in
concurrence with the respective service providers.
INDEX
Article Participating Municipal Provider
A. City of Little Canada
B. City of North Saint Paul
C. City of Saint Paul
D. City of Oakdale
E. City of Woodbury
F. Board of Water Commissioners of the City of Saint Paul
(Ord. No. 880, Art. I, 4-9-2007)
Secs. 32-27—32-30. - Reserved.
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